공탁금출급청구권확인
1. Revocation of a judgment of the first instance;
2. The Governor of Jeollabuk-do deposited by the Jeonju District Court of September 16, 201 as Geum 3551, 160.
1. Basic facts
A. On August 17, 2010, the Construction Contract and Subcontract Contract for the Construction Contract for the Construction Contract for the Construction Project and the Construction Contract for the Construction Contract for the Construction Project for the F Multi-Purpose Down Construction Project (hereinafter “instant Construction”) from Jeollabuk-do to February 15, 201. The Plaintiff was subcontracted from the Construction for the Construction Contract for the 47,300,000,000,000, and the construction period from December 2, 201 to December 31, 201. < Amended by Presidential Decree No. 22506, Aug. 17, 2010; Presidential Decree No. 22507, Aug. 17, 2010>
B. On December 2, 2010, with respect to the payment of the subcontract price for the roof construction among the instant construction works (hereinafter “instant roof construction cost”), the Plaintiff agreed to directly pay the subcontract price (hereinafter “instant agreement”), and the Plaintiff completed the roof construction on December 31, 2010.
[Agreement on Direct Payment of Subcontract Price]
1. Agreement between the ordering person, contractor and subcontractor that the subcontractor shall pay directly to the subcontractor the subcontract price corresponding to the portion executed by the subcontractor in the subcontract between the said contractor and subcontractor pursuant to Article 35 (2) of the Framework Act on the Construction Industry;
2. The contractor shall apply for the method and procedure for the direct payment of the subcontract price by classifying the details of the portion executed by the subcontractor at the time of the technical examination and completion inspection, and request the subcontractor to pay the subcontract price separately, and the project owner shall pay the subcontract price directly to the subcontractor in the following account
C. Around December 31, 2010, the Plaintiff’s provisional attachment on the claim for the construction price of Defendant Commercial tower Construction had a claim for construction price of KRW 160,004,200 against Jeollabuk-do (hereinafter “instant claim for construction price”).