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(영문) 서울고등법원 2016.01.14 2015나2039812
공탁금출급청구권확인
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) are dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).

Reasons

The principal lawsuit and counterclaim shall be judged together.

1) The Plaintiff (Counterclaim Defendant, hereinafter “Plaintiff”)

) The construction of the Winter Industry Co., Ltd. (hereinafter referred to as the “Dong Winter Industry”).

2) The Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) is a company operating a housing construction business, etc.

The defendant 1) The Seoul Local Government Government Procurement Service (Demand Agency: the name as of the Dongjak-gu Seoul Metropolitan Government Office of Education is the Dongjak-gu Seoul Metropolitan Government Office of Education.

The Dongjak Office of Education shall be referred only to as "Dong Office of Education."

The construction of reinforced concrete (hereinafter “instant construction”) in the same industry on May 28, 2013, after being awarded a contract for construction of facilities for the complex construction of Seoul Southern Elementary School (hereinafter “Seoul Southern Elementary School”).

) A subcontract was made during the construction period from May 28, 2013 to August 6, 2014 by setting the construction cost as KRW 1.23 billion (hereinafter “instant subcontract”).

2) Upon entering into the instant subcontract, the same industry agreed that the Defendant would not raise any civil or criminal objection against all creditors, including workers, equipment companies, and material suppliers employed by the same industry in relation to the instant project.

(3) On the other hand, the Defendant on June 4, 2013 between the Eastern Industry and the Fair Transactions in Subcontracting Act (hereinafter “subcontract”).

(1) Where a cause falling under any of the following subparagraphs occurs, the person ordering shall directly pay the subcontract consideration corresponding to the part on which the subcontractor has manufactured, repaired, constructed, or performed services.

2. The project owner, the prime contractor, and the subcontractor shall pay the subcontract consideration directly to the subcontractor;

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