공탁금출급청구권확인
1. A deposit made on July 2, 2015 by the Seoul Central District Court No. 14197, the Seoul Central District Court on July 2, 2015.
1. Facts of recognition;
A. On December 22, 2006, the Defendant formed a joint supply and demand organization (hereinafter “instant joint supply and demand organization”) with the members construction industry corporation (hereinafter “large Construction Industry”) and 15 construction companies (hereinafter “instant joint supply and demand organization”) (the share ratio: Defendant 24.2%, and the members construction industry 2.5%) and entered into a contract for construction works (hereinafter “instant contract”) that supply and demand “construction works for the construction works for the Yongcheon-Seoul Expressway (hereinafter “instant construction works”) with a permanentized Highway Co., Ltd. (hereinafter “non-party company”).
B. Details relating to the payment of the contract price among the special conditions for the construction contract, prepared by the members of the instant joint contractor, including the Defendant, and the non-party company at the time of the conclusion of the contract
Article 2 (Payment of Price) (1) In filing a claim for the payment of price, etc., a contractor shall require the representative of the joint contractor to submit a written application which is divided by members of the joint contractor.
(2) A contractor shall pay directly to the members of each joint contractor the amount determined as the price for work pursuant to this contract after the request as referred to in paragraph (1) is made.
(3) With respect to the provisions of Articles 37 (Payment of Price for Construction Works) and 38 (Payment of Price for Construction Works), a contractor may withhold the payment of each price for the work or for the completion of construction works, if the representative company of a subcontractor requests the reservation of the payment of the price for the work or for the payment of the price for construction works due to the default of cost contributions of any contractor, and shall, at the request of the representative company, pay to the relevant contractor the difference which deducts the unpaid joint cost contributions and damages for delay, and the deducted amount may be paid to the representative company.
Each contractor agrees to and accepts the reservation, deduction, and difference payment of the above consideration.
C. Joint contractors of this case, such as the defendant and the crew construction industry.