공탁금 출급청구권 확인
1. The defendants' appeal is dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1...
1. Basic facts
A. On March 10, 2015, New Daily Co., Ltd. (hereinafter “New Daily”) concluded a contract for the construction of the East Sea Power Station and the new construction of a sports hall with the Korea Eastern Power Generation Co., Ltd. (hereinafter “New Daily”) and subcontracted the construction price of the said construction to the Hadice Co., Ltd. (hereinafter “Hadice”) at KRW 371,00,000.
B. On June 11, 2015 through November 1, 2015, the Plaintiff manufactured and supplied parts for construction works necessary for the instant construction works, but failed to receive the price of KRW 24,040,823.
C. On December 31, 2015, Edice filed an application for bankruptcy with the Incheon District Court (In Incheon District Court 2015Hahap34).
(4) Articles 34 (1) and 35 (excluding Article 35 (2) 6 for a construction machinery rental business operator, and Article 35 (2) 5 and 6 for a manufacturer or supplier) of the Framework Act on the Construction Industry shall apply mutatis mutandis to the payment of the price to a construction machinery rental business operator and a person who manufactures and supplies parts for construction works (hereafter referred to as "manufacturer or supplier" in this paragraph), as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, although the Plaintiff supplied parts for construction works to the construction machinery site in this case by the Plaintiff on January 12, 2016.
In such cases, "project owner" shall be deemed "project owner or contractor", "contractor" shall be deemed "contractor or subcontractor", "subcontractor" shall be deemed "construction machinery rental business operator or manufacturing supplier", and "subcontract price" shall be deemed "construction machinery rental business operator or construction machinery supplier", and "subcontract price" shall be deemed "lease price for
Provided, That in cases of Article 35 (2), (3), (5) and (6), "project owner" shall have contracted construction works to a constructor who has concluded a contract with a construction machinery rental business operator or manufacturing supplier.