공탁금 출급청구권 확인
1. All appeals filed by the Plaintiffs, the Intervenors, and the Defendant are dismissed.
2. The plaintiffs and plaintiffs.
1. Basic facts
A. On January 30, 2012, 1) Co., Ltd. Co., Ltd. (O) concluded a prime contract and a subcontract for a construction project and entered into a subcontract, and 1) Co., Ltd. (O (hereinafter “O”) received the contract amount of KRW 13.629 billion (including value-added tax) from an independent party intervenor (hereinafter “the Intervenor”) as the contract amount of KRW 13.629 billion, and the scheduled completion date of the construction project as of September 15, 2012. The other Plaintiffs except Plaintiff C and J (hereinafter “Plaintiff”) and the Plaintiff Intervenor Co., Ltd. (hereinafter “acquisition”), Co., Ltd., Ltd. (hereinafter “Co. (hereinafter “Co. (2) subcontracted part of the instant construction project to the Intervenor, and Co., Ltd.) completed each subcontract betweenO and the subcontractor on March 4, 2013, and Co., Ltd paid only part of the instant subcontract amount to the Intervenor.
B. On February 29, 2012, 200,000 won in advance as of February 29, 2012, with respect to the instant construction project, an intervenor who paid the construction cost to theO by the Intervenor;
4.1,244,055,120 won for progress once in 19.19;
5.4.2 : 1,649,654,160 won for progress twice;
6.13. progress payment of KRW 1,95,285,600 on three occasions;
7.1.No. 4 times of progress payment 1,950,582,480 won;
8.17. progress payment of KRW 1,882,982,640 on five occasions;
9. In 14.6 times the sum of KRW 11,792,901,120 was paid by paying 1,707,441,120 for each six-time progress payment.
2) Furthermore, around February 16, 2012, the Intervenor leased the 1,2nd floor of the cafeteria-dong factory building owned by the Intervenor in Q Q to theO at KRW 792,00 per month until October 31, 2012, and made it available as the site office of the instant construction. Since around July 2012,O failed to pay a rent to the Intervenor, KRW 3,168,000 (= KRW 792,000 x 4 months x 4 months) for four-month rent. Meanwhile, on December 21, 2012, the Intervenor did not pay a rent to the Defendant, pursuant to Article 35 of the Framework Act on the Construction Industry and Article 14(1)1 of the Fair Transactions in Subcontracting Act (hereinafter “subcontract Act”).