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(영문) 서울동부지방법원 2014.04.09 2013가합4324

공탁금출급청구권

Text

1. The succeeding intervenor (Counterclaim Plaintiff)’s application for participation in succession and counterclaim, and the defendant corporation of the plaintiff (Counterclaim defendant).

Reasons

1. On August 23, 2011, Hyundai Industrial Development entered into a subcontract (hereinafter “the instant construction contract”) with Defendant New Heunga Co., Ltd. with the content to subcontract the 2 Bluel Melel Construction among the Suwon-si Construction Works (hereinafter “instant construction contract”).

In entering into the instant construction contract, Hyundai Industrial Development and Defendant New Heacon drafted a written consent for direct payment of the price (hereinafter “written consent for direct payment of the price in this case”) with respect to the direct payment of the subcontract price, and the main contents are as follows.

The name of the actual site of the direct payment agreement: Suwon PAPAK 2, 4 block 2, 4 block 2BL LALAS contractor: Hyundai industrial development contractor: The contractor and subcontractor of New Heunga Contac shall agree to pay the relevant amount directly to the subcontractor's workers, equipment lessor, material supplier and other (hereinafter referred to as "worker, etc.") of the subcontractor's work progress without any separate peremptory notice if the subcontractor and the subcontractor fall under any of the following causes related to Article 21 of the subcontract agreement (the direct payment of the subcontract price). In such cases, the contractor and the subcontractor shall be deemed to have terminated the amount of the direct payment of the subcontractor's work progress in proportion to the amount corresponding to the amount of the direct payment:

- - Sound

1. 1) If the contractor becomes aware of the payment (based on cash) of the price to be paid to workers, etc. by the date following the contractor's payment (in the case of bills, the date of bill receipt) and the labor cost for workers, 15 days from the date of the contractor's payment (15 days from the date of the contractor's payment) in the case of the supplier of materials, 65 days from the date of the contractor's payment (65 days from the date of the contractor's payment) in the case of other workers, etc.