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(영문) 대전지방법원 2015.04.22 2015가합148

공탁금출급청구권확인

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1. Chungcheongnam-do, on June 2, 2014, deposited by Daejeon District Court No. 2014 and KRW 181,00,650, which was deposited as Daejeon District Court No. 3076.

Reasons

Basic Facts

On April 18, 2013, the Selection General Construction Co., Ltd. (hereinafter referred to as the “KM General Construction”) was awarded a contract for the construction of the Cheongyang University Building Project (hereinafter referred to as the “instant construction”) from the Cheongnam-do General Construction Business Office.

From July 2013 to October 201, the KM General Construction entered into a subcontract agreement (hereinafter “instant subcontract agreement”) with the Plaintiff (Appointed Party) and the remaining designated parties (hereinafter referred to as “appointed Party, etc.”) with respect to each construction sector (hereinafter referred to as “instant subcontract”).

Around October 2013, the direct payment agreement was made between the Cheongnam-do General Construction Business Office (project owner), the IM General Construction Project (contractor), and the designated parties (contractor) to allow the subcontractor to receive the subcontract price directly from the project owner (hereinafter “instant direct payment agreement”).

The designated parties, etc. completed the construction in accordance with the instant subcontract, but only received some subcontract consideration, and did not receive the remainder.

The detailed details of the instant subcontract and the instant direct payment agreement are as follows.

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