공탁금출급권확인
1. The market price between the Plaintiff and the Defendant Daedo Global Corporation, C, D, E, F, G, H, I, and Korea on May 23, 2014.
1. Basic facts
A. The Plaintiff entered into a subcontract with Defendant Daedo Global Co., Ltd. (formerly: Cheongdo Global Construction Co., Ltd.; hereinafter “instant subcontract”) under a contract with Defendant Daedo Global Co., Ltd. for the construction of J ecological exploration roads (hereinafter “instant construction”) (hereinafter “instant construction”) to conclude a contract with the Plaintiff to accept the instant subcontract by setting the construction cost of KRW 106,568,00 and the construction period from November 12, 2013 to January 25, 2014 (hereinafter “instant subcontract”).
B. During the construction process under the instant subcontract, the Plaintiff entered into a direct payment agreement on January 7, 2014 between Ansan-si and Defendant Daedo Global with the following content (hereinafter “instant direct payment agreement”).
① In the subcontract between a contractor and a subcontractor under the above construction contract, the subcontract consideration shall be paid directly to the Plaintiff pursuant to Article 35 of the Framework Act on Industry, Article 29 of the Enforcement Rule of the said Act, Article 14 of the Fair Transactions in Subcontracting Act, and Article 4 of the Enforcement Decree
(2) In principle, when a direct payment method and procedure for the subcontract consideration and completion inspection are conducted, a request shall be made by classifying the details of the portion performed by a subcontractor and the request for the payment of the subcontract consideration shall also be made separately. In extenuating circumstances, the defendant large-scale global application and request may be made en bloc, but the subcontract consideration shall be directly
(3) An obligation to pay the price to the defendant Ando Global at Ansan-si and an obligation to pay the subcontract price to the plaintiff of the defendant Ando Global shall be deemed extinguished within the scope of the obligation pursuant to Article 14 of the Fair Transactions in Subcontracting Act.
C. From December 23, 2013 to February 28, 2014, the instant construction project suspended, completed, and unpaid construction cost was discontinued. After that, Defendant Daedo Global completed the instant construction project on April 2, 2014, and on April 15, 2014. < Amended by Act No. 12873, Apr. 2, 2014>