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(영문) 광주지방법원순천지원 2015.01.28 2013가합2352
공탁금출급청구권확인
Text

1. The Korea Land and Housing Corporation between the Plaintiff and Defendant Daelim Construction Co., Ltd., A, B, and Korea Credit Guarantee Fund on October 10, 2011.

Reasons

1. Basic facts

A. On November 6, 2009, Defendant Daelim Construction Co., Ltd. (hereinafter referred to as “Co., Ltd.”) and Han River Construction Co., Ltd. (hereinafter referred to as “Co., Ltd.”) and Han River Construction, Geum River Construction, and Dae River Construction (hereinafter collectively referred to as “Defendant Dae River Construction, etc.”) concluded a contract for construction works with the Korea Land and Housing Corporation under which the construction of the site for the EXPO 2012 EXPO 201 (hereinafter referred to as “instant construction”) will be concluded by constituting a joint supply and demand organization and the construction of the site for the EXPO 2012 EXPO 207,69 between the Korea Land and Housing Corporation and the Korea Land and Housing Corporation (hereinafter referred to as “instant construction works”).

B. On March 30, 2010, the Plaintiff entered into a subcontract on the condition that the construction cost of the instant waterworks and sewerage and reinforced concrete works, among the instant construction works, shall be 1,953,60,000 won in total, and the construction period from March 30, 201 to November 10, 201, the Plaintiff entered into a subcontract on the condition that it will accept a subcontract on the condition that it will accept a subcontract for the construction cost of the instant construction works, and that the construction cost of the waterworks and sewerage works shall be 1,586,20,000 won in total, and on December 24, 2010, the Plaintiff entered into a subcontract on the condition that the construction cost of the reinforced concrete works shall be 579,700,000 won in total.

(2) The Plaintiff, Defendant 1, and Korea Land and Housing Corporation agreed to pay directly the subcontract price corresponding to the portion executed by the Plaintiff at the time of concluding the first subcontract to the Plaintiff, the subcontractor, and the Korea Land and Housing Corporation directly paid the Plaintiff the subcontract price corresponding to the portion executed by the Plaintiff. Accordingly, the Korea Land and Housing Corporation directly paid the Plaintiff the subcontract price corresponding to the portion executed by the Plaintiff.

On December 10, 2010, Defendant Daelim Construction, etc. concluded the instant subcontract, and newly drafted a direct payment agreement corresponding to the changed construction cost between the Plaintiff and the Plaintiff.

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