기성금반환
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On November 15, 2011, Defendant B Co., Ltd. (hereinafter “Defendant Company”) concluded a business agreement and an agency contract with D Co., Ltd. (hereinafter “D”) and Korea Trust Co., Ltd. (hereinafter “Korea Trust”) (hereinafter “Korea Trust”) under the following terms and conditions as the executor of the Gyeonggi-gu Housing Development Project for Multi-Family Housing Co., Ltd (hereinafter “instant Project”).
A: Defendant Company D, D, and C: The payment of the construction cost under Article 12 of the Korea Trust Act (1) shall not be made, and the construction cost shall be paid on a monthly basis.
(2) B shall request A to inspect the completed portion of the supervision (or a certificate of work progress) at the end of one month from the date of commencement of construction work, accompanied by a certificate of work progress (or a certificate of work progress), and A shall complete the completed inspection and notify B of the results thereof within seven days from the date of request by B.
(3) The proviso omitted shall claim the amount of progress payment to Byung according to the results of the inspection under paragraph (2), and the sick shall be paid within five business days from the date of request.
Article 23 (Method of Executing Funds) (1) When intending to withdraw funds from the fund management account, A shall make a written request to C, accompanied by the written consent form for performing the funds of B.
B. D subcontracted the instant construction work on the instant project site (hereinafter “instant construction”) to the Gyeyang Housing Development Co., Ltd. (hereinafter “Seoul Housing Development”) and agreed on May 2013 to receive progress payment from a trust company through a newly built reinforced concrete sub-contractor at the time of the following month, with respect to the wages of workers for whom the Gyeyang Housing Development was not paid, around May 2013, when cancelling the subcontract with the said Gyeyang Housing Development, D agreed to receive progress payment from the trust company and pay them to each individual.
C. D Between the Plaintiff and the Plaintiff on May 2, 2013, the subcontract amount of the instant construction work is 3,550,000.