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(영문) 광주고등법원 2016.04.06 2015나846
공탁금출급청구권확인
Text

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

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. Basic facts

A. On November 6, 2009, the first instance court concluded a joint supply and demand agreement (hereinafter “instant contract agreement”) with a joint supply and demand company for Han River Construction Co., Ltd., Geum River Construction Co., Ltd., Geum River Construction Co., Ltd., Geum River Construction Co., Ltd., and Dae River Construction Co., Ltd., a joint supply and demand company for construction of sites for the EXPO 2012 EXPO with the Korea Land and Housing Corporation (hereinafter “K”) for the total construction cost of KRW 17,207,694,00, and construction period of KRW 11,11, 209 to November 10, 201; and a joint supply and demand of the representative as a joint supply and demand agreement for construction work (hereinafter “instant contract”).

B. On March 30, 2010, the Plaintiff entered into a subcontract (hereinafter “existing subcontract”) with the supply of and demand for construction costs of reinforced concrete works, water supply and sewerage construction works, etc. among the instant construction works, as well as the construction period of KRW 1,953,60,000, and the construction period from March 30, 201 to November 10, 201, which is to be executed by the Plaintiff (hereinafter “existing subcontract”).

C. After that, on December 10, 2010, the Plaintiff entered into a subcontract with 1,586,200,000 won for the construction work of water supply and sewerage systems among the instant construction work, and on December 24, 2010, each of the instant construction works executed with the payment of construction cost of 579,70,000 won for the construction work of reinforced concrete among the instant construction works, after setting the construction cost of 579,700,000 won.

(hereinafter) The instant subcontract for waterworks and sewerage construction works is called the “instant subcontract construction,” and the subcontract for the instant subcontracted construction works concluded on December 10, 2010 is called the “instant subcontract”). D.

In addition, Article 43 of the General Conditions for Construction Contract, Articles 17 and 18 of the Special Conditions for Construction Contract, Article 14 of the Fair Transactions in Subcontracting Act, and Article 4 of the Enforcement Decree of the same Act are directly paid to subcontractors by the Korea Land and Housing Corporation.

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