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(영문) 인천지방법원 2020.01.30 2018가단208931
공탁금 출급청구권 확인
Text

1. On December 8, 2017, the Plaintiff’s lawsuit against Defendant R&A Co., Ltd., the Gwangju District Court’s Netcheon Branch on December 8, 2017.

Reasons

1. Basic facts

A. On October 4, 2016, Defendant B Co., Ltd. (hereinafter “Defendant B”) and T Co., Ltd. (hereinafter “T”) constituted a joint supply and demand company on the part of October 4, 2016, and received a joint payment of KRW 8,898,790,00 from S Co., Ltd. (hereinafter “instant construction”) as joint performance method (defendant B58%, T 42%).

B. On February 22, 2017, the Plaintiff was awarded a subcontract for reinforced concrete construction works in KRW 1,210,880,000 for the instant construction works from Defendant B and T.

(2) In connection with the above subcontract, the Plaintiff, the client, Defendant B, T, and subcontractor, who is the principal contractor, shall directly pay the subcontract price directly to the subcontractor on March 16, 2017 (hereinafter referred to as the “ direct payment agreement in this case”).

1. In the subcontract between a contractor and a subcontractor under the instant construction contract, the subcontract consideration shall be paid 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

2. Method and procedure for direct payment of the subcontract price - In principle, an application shall be filed by classifying the details of the portion executed by the subcontractor and a claim for the payment of the subcontract price shall be separately made at the time of the inspection of completedness and completion, and in extenuating circumstances, a contractor may file a lump sum application and claim

(w) - The obligation to pay the price to the contractor and the obligation to pay the subcontract price to the contractor’s sewage shall be deemed to be extinguished within the scope of Article 14 of the Fair Transactions in Subcontracting Act.

“The instant direct payment agreement” refers to “the instant direct payment agreement.

section 30,00,00

Details are as follows:

C. Defendant B and T, including the Plaintiff’s subcontracted part of the subcontracted construction work, around September 7, 2017.

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