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(영문) 대구지방법원상주지원 2020.10.22 2020가합38
공탁금 출급청구권 확인
Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On November 23, 2017, Defendant B Co., Ltd. (hereinafter “Defendant B”) was awarded a contract for U improvement (hereinafter “instant construction contract”) with the Republic of Korea (the competent Ministry of Land, Infrastructure and Transport and the Busan Regional Land Management Office) (hereinafter “instant construction contract”); the construction cost finally finalized with respect to the instant construction work is KRW 1,958,124,260; the construction period is from November 23, 2017 to December 15, 2019; the first number of construction contracts (from November 23, 2017 to December 29, 2018; the construction cost is KRW 290,00,000,000,000; the construction cost is KRW 1,958,124,260; the construction cost is KRW 31,20,000; the construction cost is KRW 30,31,294; the construction cost is KRW 130,294,201.2).2

B. On November 30, 2017, the Plaintiff received a subcontract from Defendant B to KRW 1,329,662,00 for the part of the instant land construction project (hereinafter “the instant land construction project”) (the final and conclusive construction cost in relation to the third water construction project is KRW 897,932,580, and the labor cost is KRW 294,529,070, among which the final and conclusive construction cost in relation to the third water construction project is KRW 897,932,580).

C. On November 30, 2017, the Plaintiff, Defendant B, and the Republic of Korea agree to pay the subcontract price directly to the subcontractor in accordance with Article 35 of the Framework Act on the Construction Industry, Article 29 of the Enforcement Rule of the same Act, Article 14 of the Fair Transactions in Subcontracting Act, and Article 4 of the Enforcement Decree of the same Act, with respect to the above contract for construction and subcontract work as follows (hereinafter “instant direct payment agreement”), with respect to the said contract for construction work and subcontract work as follows (hereinafter “the instant contract for construction work”). The method and procedure for the direct payment of the subcontract price - the method and procedure for the direct payment - the details of the parts executed by the subcontractor at the time of the inspection and completion inspection, and the request for the separate payment of the subcontract price may be made by the contractor in extenuating circumstances, but the subcontract price may

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