logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2015.08.26 2014가합8101
공탁금출급청구권
Text

1. The plaintiffs' lawsuit against defendant labor-related asset management company is dismissed.

2. The plaintiff's remainder.

Reasons

The Defendant Labor Lone Asset Management Co., Ltd. (hereinafter “Defendant Labor”) which is a collective investment entity under the Financial Investment Services and Capital Markets Act (hereinafter “Capital Markets Act”) to conclude a contract for basic facts was entrusted to the Nonghyup Bank Co., Ltd. (hereinafter “CF”) with the investment and management of the investment and management of the investment trust No. 3, which is a collective investment scheme.

On May 9, 2013, the Nonghyup Bank awarded a contract for X (hereinafter “instant construction”) to Dongcheon Industrial Co., Ltd. (hereinafter “Dongcheon Industrial Co., Ltd.”) with the construction cost of KRW 1,043,00,000, in accordance with the management instruction of Defendant Labor Service. On November 11, 2013, the construction cost of the instant construction was increased to KRW 1,329,273,000 due to additional construction works and changes in public law.

Upon entering into the instant construction contract on May 9, 2013, Dongcheon-gu entered into a direct and written consent stating that “In order to ensure the smooth performance of construction work and to pay the subcontract price directly from your company for the purpose of paying the unpaid subcontract price, such as overdue wages, equipment costs, and material costs, you shall not raise any objection due to punishment or civil thoughts, and shall consent to direct payment under Article 35 of the Framework Act on Construction Safety” with the same content (hereinafter referred to as “instant direct refusal consent”) on November 11, 2013.

Defendant ABS Co., Ltd. requested the direct payment of the subcontract price of the instant construction contract, which was partially subcontracted to Defendant ABC Co., Ltd., and Defendant ABC or Defendant V demanded payment of the contract price, but they failed to comply with the said request. The said Defendants directly paid each subcontract price to Defendant AB on January 2, 2014 through March 3, 2014.

arrow