beta
(영문) 부산지방법원서부지원 2017.12.15 2017가단106716

공탁금 출급청구권 확인

Text

1. 179,403,510 won deposited by Busan District Court Seo- Branch on July 18, 2017 by the Busan District Court Decision No. 964 on 2017.

Reasons

1. Determination on the cause of the claim

A. On May 12, 2015, the Plaintiffs are from Busan Metropolitan City on May 12, 2015, the building renovation work for the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building.

Defendant Jinjin Construction Co., Ltd. (hereinafter “Defendant Co., Ltd”).

Around September 10, 2015, the Plaintiff’s incidental civil engineering works among the main contract works of this case (hereinafter “instant subcontracted works”) from the Plaintiffs.

2) On February 7, 2017, Busan Metropolitan City, the prime contractor, agreed to pay the subcontract price directly to the Defendant Company, the subcontractor, as the subcontractor.

3) The Plaintiffs, Busan Metropolitan City, and the Defendant Company agreed to adjust the construction cost and the subcontract price in accordance with the agreement, in the event of changes in the construction cost due to changes in design, etc. at the time of concluding each prime contract for construction works, and subcontracted construction works. After completion, the Defendant Company requested additional construction cost payment, etc. and failed to reach an agreement on the settlement of completion between the Plaintiffs and the Defendant Company following the adjustment of the contract amount for original construction works. The Busan Metropolitan City, upon completion of all payments to the Plaintiffs and other subcontractors, did not reach an agreement on the settlement of completion between the Plaintiffs and the Defendant Company. On June 20, 2017, the Busan Metropolitan City, at the lower limit of KRW 720,089,950, which claimed that the Defendant Company should be paid as unpaid construction cost, and the difference was 179,403,510,000,0000 won until the settlement of completion is reached. The Defendant A received the claim settlement between the Defendant Company and the Defendant Company, Busan Metropolitan City, and Busan Metropolitan City.