The right to claim the payment of deposit belongs to the Corporation.

There is a claim for payment of deposit from an enterprise which actually performed the construction.

Basic Act

2014 Doz. 4860 Deposit Payment Claim

*** Company

Korea

**Industrial Co., Ltd. (hereinafter referred to as ** Industry) and *** Co., Ltd. (hereinafter referred to as '')

****) The Plaintiff and the Filient Construction Co-Performance Bank

Since there is a joint supply and demand relationship with the contractor, the contract price claim shall be limited to the share ratio of the contractor.

Even if the plaintiff executes the construction in excess of the ratio of shares, it shall be inside the joint supply and demand organization.

as a matter of settlement, the Plaintiff is unable to claim the deposit according to the actual construction ratio.

chapter.

3. Determination

(a) Relevant legal principles;

Joint supply and demand companies in the way of joint performance basically have the nature of partnership under civil law.

In principle, the claims held against the contractor due to the execution of the construction work by the joint contractor

Members, barring any special circumstance, shall vest in the joint supply and demand organization as members.

One of the persons may not claim the payment according to the ratio of investment shares to the contractor at his/her discretion, and the composition thereof.

Contract for a joint supply and demand organization with a claim against one of the members to be a debtor executing the contract for the individual;

No compulsory execution shall be effected against a claim against a person: Provided, That a joint supply and demand organization in the method of joint performance

and each of the joint contractors which is not a joint contractors in connection with claims arising from the construction contract.

The agreement in which the Board acquires the rights of the contractor directly in accordance with the ratio of shares;

contract for construction works according to the contents of the contract, such as the case of the contract for construction works;

be reverted to each member of the joint contractors in proportion to their shares.

The above agreement may be made explicitly, explicitly and implicitly.

In addition, the members of the joint supply and demand organization in the way of joint performance shall jointly receive the cost of work or completion.

The joint supply and demand agreement to be directly paid for each member of the contractor shall, except in extenuating circumstances.

In relation to the claim for construction price, each member of the joint supply and demand organization shall make the Gu at the ratio of contribution

It is reasonable to consider that agreement is between members to be acquired by division, and further joint

Joint supply and demand contractors pursuant to Article 11 of the Guidelines for the Management of Joint Contract amended on January 8, 1996

A contractor who is scheduled to pay a claim for the construction price to each member shall be entitled to such payment.

Joint supply and demand agreements which contain an agreement of the members of a joint supply and demand organization with respect to the division of bonds for payment.

The contractor shall submit a tender application document along with the application document for participation and without reservation of any particular objection;

When entering into a joint contract after receipt of the following joint contract, the joint contractor and the contractor

A person directly ordered to work in accordance with the ratio of investment in the claim for construction price.

It is reasonable to view that an implied agreement has been made to acquire rights in respect of such agreement.

(See Supreme Court en banc Decision 2009Da105406 Decided May 17, 2012)

On the other hand, joint contractors in the construction contract between joint contractors and contractors.

A contractor shall pay directly to each member of the contractor in accordance with his/her equity ratio in the claim for the construction price.

Joint Supply and Demand Standard Agreement

Article 8 (Transaction Accounts) The provisions of Article 11 of the Guidelines for Management of Joint Contracts established by Contracts shall apply mutatis mutandis to advance payment, money, or money.

Gender, etc. shall be paid to the following account:

1. Bonded construction corporation (representative of a joint contractor): National Bank 602-25-009-331;

agreement to obtain a right, the agreement shall be subject to separate composition of the contract itself.

Subject to the acquisition of the claim for construction price in accordance with the ratio of shares in the actual performance or degree of the

In order to withdraw or withdraw from a contracting body on the grounds that some members have agreed or failed to perform the construction works

special circumstances, such as the agreement to lose eligibility as a member of the association, etc.

individual members, regardless of which they actually carry out the project, shall not be a contract.

acquisition of parts corresponding to their respective share of construction cost claims in relation to the person;

in accordance with the actual contribution ratio in the implementation of the construction contract; and

The division is only a matter of settlement within the joint supply and demand organization which is irrelevant to the contractor.

(See Supreme Court Decision 2012Da107532 Decided February 28, 2013)

B. The joint contractors of the contract of this case have each member of the contract of this case

Determination as to whether there has been an agreement to obtain rights from a contractor in connection with a contract

1) The following facts in full view of the statements and the purport of the whole pleadings as stated in Gap evidence Nos. 4 and 9

Recognized.

A) The plaintiff ** Construction (hereinafter referred to as the above 2 companies as the "members of the case")

Before April 2011, after entering into a Joint Supply and Demand Standard Agreement containing the following provisions:

In addition to the application documents, the following joint supply and demand agreement was submitted to the Daegu Metropolitan City.

2. Stock company* Construction: Post offices.

B) The Daegu Metropolitan City shall pay the construction cost on 12 occasions from April 201 to November 2012.

each transfer of construction price to the accounts of the members and subcontractors of this case in proportion to their respective transfers.

In the way, the construction cost was paid.

2) According to the above facts, each of the members of the joint supply and demand organization of this case shall be each of the members.

The Joint Supply and Demand Standard Agreement containing an agreement to receive the construction price in the name of the bank account in Daegu

In addition, the contract of this case was entered into in the Metropolitan City and the Daegu Metropolitan City also its members.

by way of distributing construction price to the account opened by each member or the amount claimed by each member.

calculated after obtaining the consent of all the members of the case, the non-performance of the subcontractor shall be prohibited.

In common, it is known that the payment has been made separately from the payment of the construction cost. It is prior to such circumstances.

In light of the legal principles, joint contractors and the Daegu Metropolitan City shall be the Gu of the joint contractors.

In respect of the claim for the construction price, directly Daegu Metropolitan City according to the ratio of the investment shares of the party;

It is reasonable to consider that an implied agreement has been made to acquire rights in the city.

The joint contractors of the contract of this case, including the plaintiff, for Daegu Metropolitan City respectively.

In accordance with the ratio of shares, each member has a claim for the construction cost that belongs to each member.

C. The individual members of the joint subcontractor under the contract of this case may actually work for the contractor

Determination as to whether the claim for construction cost is acquired according to the degree of such claim

The evidence Nos. 1, 9, and 10 can be known in full view of the contents and the purport of the entire pleadings.

Article 12 of the Standard Agreement on Joint Supply and Demand, which is included as part of the instant contract, as follows:

According to Paragraph 1 (2) of this Article, members of a joint supply and demand organization shall be subject to bankruptcy, dissolution, default, or other justifiable reasons

order by a member of another joint subcontractor other than the member concerned if the contract is not performed;

with the consent of such person, shall be entitled to withdraw from such

Daegu Metropolitan City, which is a contractor of the contract of this case, shall carry out the construction as a joint contractor* Construction

On July 18, 2012, the termination of the contract with the construction ** the termination of the contract with the members of the joint contractors, including the plaintiff, including the plaintiff

Considering the processing period, the construction of the instant case was notified of the temporary suspension, and July 25, 2012

and on August 13, 2012, mutual consultation and * termination of a contract with construction contractor

Desired to take prompt administrative action, and urged to do so as soon as possible, August 16, 2012 * Construction to waive the construction.

In full view of the fact that the contract of this case was terminated as of August 17, 2012 * The contract of this case is entered into public.

If a member of the partnership fails to perform the project, the Gu shall withdraw from the joint supply and demand agency;

It appears to have agreed to be disqualified as a member of the Board of Gender Equality, and in such a case, the above legal doctrine

Under the contract of this case including the plaintiff, individual members of the joint contractors including the plaintiff are in Daegu Metropolitan City.

subject to the ratio of substantial contribution in the implementation of the construction contract;

It will be said that it will be the case.

D. Whether the Plaintiff directly executed the part of the construction corresponding to the instant deposit money

Comprehensively taking into account the respective descriptions of evidence Nos. 4 to 6 and the overall purport of the pleading, joint supply and demand

* The volume of construction works executed until then by the waiver of the instant construction works, as individual members of the body * the volume of construction works

the Daegu Metropolitan City Construction Headquarters, which is the ordering agency, should be determined and the settlement of the outstanding construction cost.

** Construction has been executed by August 16, 2012, through a due diligence by the Supervisory Board on November 15, 2012.

As a result of the verification of the volume of construction works, the part of the earth construction works executed by the Plaintiff by investing equipment, human resources and materials

Since it is recognized that the payment of construction cost has been confirmed as KRW 294,143,00, the above construction cost is recognized.

294,143,00 Won 294,143,00

With respect to Daegu Metropolitan City, the Plaintiff acquired the claim for construction cost of KRW 294,143,00.

E. Sub-decision

As to Daegu Metropolitan City, the Plaintiff has a claim for construction cost of KRW 294,143,00,000.

The plaintiff has the right to withdraw the entire amount of KRW 294,143,00 for the entire amount of KRW 294,143,000.

Written consent attached to the certificate of the seal impression of other depositors and provisional seizure creditors stated in the certificate of deposit.

(1) the deposit shall be accompanied by a final and conclusive judgment on the confirmation of the right to claim the payment of the deposit against them.

Since B may withdraw, there is a benefit to seek confirmation.

4. Conclusion

The plaintiff's claim against the defendants shall be accepted in entirety on the grounds of the reasons.

2015.06.05

2015.06.26

1. It is confirmed that between the Plaintiff and the Defendants, ** the Daegu District Court on November 28, 2012 201, the Daegu District Court********* the right to claim for payment of deposit money in KRW 294,243,00 deposited by the Plaintiff.

2. The costs of lawsuit are assessed against the Defendants.

The same shall apply to the order of the Gu office.

1. Basic facts

A. On April 15, 201, the Plaintiff, ** Construction (hereinafter referred to as * Construction), * Construction Co., Ltd. (hereinafter referred to as **** Construction Co., Ltd., without distinguishing them; hereinafter referred to as '** Construction') is jointly supplied with 'Scongdong-gu Seoul Metropolitan City Co., Ltd. **-*-*-**-Gu Co., Ltd. 2 (hereinafter referred to as 'the instant construction')' and agreed that the Plaintiff and Filiio Construction will jointly perform the instant construction work (hereinafter referred to as 'the instant contract') in the context of the instant construction (hereinafter referred to as 'the instant construction”).

B. On December 201, 201, the Plaintiff and * Construction subcontracted 1,207,00,000 won in total the construction cost of the instant construction to Co., Ltd.*** (hereinafter referred to as “*”) with respect to the instant construction work. As to the said contract, the construction management headquarters of Daegu Metropolitan City, the principal contractor, the Plaintiff and * Construction, the sewage supplier **** who is the owner of the instant construction, agreed to pay the subcontract price directly to the sewage supplier(s). The Plaintiff and * Construction Co., Ltd.*** *”) entered into a subcontract with the owner of the instant construction 2,413,30,000,00 won in total, and the owner of the instant construction ** Construction and * Construction Co., Ltd. (hereinafter referred to as the “Co., Ltd.”).

D.** Construction waived the instant construction work on August 16, 2012, and the Daegu Metropolitan City terminated the construction contract with ** on November 17, 2012. Afterward changes on several occasions, the terms and conditions of the instant contract were finally changed on November 29, 2012, and finally, on November 24, 2012, the contract amount was 17,240,996,510, and the date of completion * the Plaintiff, the Plaintiff, and * Construction.

E. On November 28, 2012, the Daegu Metropolitan City Construction Management Headquarters made a deposit of KRW 294,143,00 for the remaining construction costs of the instant construction project with the Daegu District Court (hereinafter referred to as the “instant deposit”) on the ground that “the Plaintiff, the original contractor, who is the Plaintiff,**, and the construction, did not reach an agreement on the term amount,**,**,*,* Construction, and the provisional seizure of claims against the debtor, etc.****] under the latter part of Article 487 of the Civil Act and Article 248(1) of the Civil Execution Act, on the ground that “the principal contractor, who is the original contractor, has not reached an agreement on the term amount,” *** the amount of the proposed deposit, * the provisional seizure of claims against the debtor” (hereinafter referred to as “the instant deposit”).

(f) The Defendants were ordered to seize claims against the claim for payment of deposit money against an obligor, Daegu Metropolitan City as the garnishee,** Construction or Daegu Metropolitan City as the garnishee, as follows: The Defendants were ordered to attach claims against the claim for payment of deposit money against the Daegu Metropolitan City*** Construction or** as the ground for recognition; entries in Gap (including branch numbers; hereinafter the same shall apply) 1 through 3; and the purport of the entire pleadings as the whole.

2. The parties' assertion

A. The plaintiff's assertion

During the instant construction, the Plaintiff and* Construction supplied soil construction, reinforced concrete construction and other construction as a joint implementation method. The instant contract was agreed by individual members of the joint contractors to acquire directly the claim for construction cost according to the degree of the actual execution of the construction to the contractor. Since the Plaintiff independently executed the construction work equivalent to the instant deposit, the claim for payment of the instant deposit belongs to the Plaintiff.

B. The defendants' assertion