공탁금출급청구권 확인
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning for this part of the lower court’s reasoning is as stated in Article 420(1) of the Civil Procedure Act, except for adding “The fixed construction is in excess of KRW 74,159,497 by the Defendant and the Defendant notified the invalidation of the direct payment agreement at Sejong City on May 30, 2016,” and thus, this part of the reasoning of the first instance judgment is identical to that of paragraph (1). As such, this part of the reasoning of the first instance judgment is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.
2. The reasoning of this part of the Plaintiff’s assertion is as stated in Article 420 of the Civil Procedure Act, since the reasoning of the judgment of the court of first instance is the same as that of Paragraph 2.
3. The above facts are acknowledged as having agreed on March 24, 2016 on the fact that the three-party three-party three-party three-party three-party three-party three-party three-party three-party three-party three-party three-party three parties agreed to directly pay the subcontract price.
However, according to the fact-finding results of the court's fact-finding on the Sejong City, it can be recognized that the agreement on the direct payment of the subcontract price prepared at the time of the above agreement is "the defendant agrees to make a direct payment to the person determined at Sejong City pursuant to Article 35 (2) of the Framework Act on the Construction Industry" (Article 1), and "the defendant shall apply for the classification of the details of the construction work executed at the time of completion inspection and completion inspection, request the payment of the subcontract price separately, and request the payment of the subcontract price separately, and the payment of the subcontract price shall be made to the person determined at Sejong City (Article 2). Therefore, the subcontract price for which the direct payment may be requested for the Sejong City shall be limited to the contract price for the construction work performed at the time of the instant construction work.
However, the construction cost for the portion of this case’s construction work as set forth in the suspension of the construction work is determined to be KRW 275,178,003, while the subcontract price paid to the Defendant as set by the Defendant is to be KRW 265,00,000.