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(영문) 서울남부지방법원 2016.08.09 2015가단5990
공탁금출급권자확인
Text

1. Bluco Engineering Co., Ltd. between the Plaintiff and the Defendants, on January 8, 2015, the Seoul Northern District Court Decision 2015.

Reasons

1. Basic facts

A. On November 25, 2013, Scco Engineering Co., Ltd. entered into a contract with the Development of Gold Industries Co., Ltd. to grant the steel frame construction of KRW 1,166,00,000 (including value-added tax) among the new construction works, and the construction period from November 25, 2013 to June 30, 2014. The Development of Gold Industries Co., Ltd entered into a contract with the Plaintiff on March 11, 2014.

The plaintiff, from the development of the gold Industry, is equivalent to KRW 88,00,000 for the work price of March 2014.

4. It did not receive the total of KRW 154,00,000,000, including the 666,000,000 for the construction cost.

B. Around May 13, 2014, the Plaintiff and the Plaintiff agreed to receive KRW 101,454,735, including KRW 30,000,00 among the construction cost, for which C had not received from the development of the gold industry, and paid KRW 30,00,000,00 among the construction cost, among the construction cost, for which the Plaintiff had not received from the development of the gold industry.

C. On May 19, 2014, the gold Industry Development Co., Ltd. agreed with the Plaintiff that KRW 154,000,000 (including value-added tax) should be paid directly to the Plaintiff out of the subscription price for Scco Engineering Co., Ltd., the gold Industry Development Co., Ltd., Ltd., and provided the Plaintiff with a document stating the aforementioned agreement and the purport of requesting direct payment (i.e., “written consent for direct payment of internal construction works,” and “written request for direct payment,” and a certificate of personal seal impression.

On May 19, 2014, the Plaintiff sent to the Scco Engineering Co., Ltd., Ltd., the content-certified mail requesting that the Plaintiff pay the above KRW 154,00,000 directly to the Plaintiff, accompanied by the documents received from the FScco Engineering Development.

The above postal items are.

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