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(영문) 서울고등법원 2016.03.18 2015나12996
기성금반환
Text

1. The plaintiff's primary and conjunctive claims that are changed in exchange at the trial are all dismissed.

2...

Reasons

1. Basic facts

A. On November 15, 2011, the Defendant entered into a business agreement and an agency contract with D Co., Ltd. (hereinafter “D”) and Korea Trust Korea Co., Ltd. (hereinafter “Korea Trust”), a trust agent, (hereinafter “Korea Trust”), with the implementation company of the Gyeonggi-si Multi-Family Housing Development Project (hereinafter “instant project”).

A: Defendant D and C: The payment of the construction cost under Article 12 of the Korea Trust Act (1) shall not be made, and the construction cost shall be paid on a monthly basis.

(2) B shall request A to inspect the completed portion of the supervision (or a certificate of work progress) at the end of one month from the date of commencement of construction work, accompanied by a certificate of work progress (or a certificate of work progress), and A shall complete the completed inspection and notify B of the results thereof within seven days from the date of request by B.

(3) The proviso omitted shall claim the amount of progress payment to Byung according to the results of the inspection under paragraph (2), and the sick shall be paid within five business days from the date of request.

Article 23 (Method of Executing Funds) (1) When intending to withdraw funds from the fund management account, A shall make a written request to C, accompanied by the written consent form for performing the funds of B.

B. Around November 15, 2012, D subcontracted the instant construction of steel-line contact (hereinafter “instant construction”) to the Seosan Housing Development Co., Ltd. (hereinafter “Seoul Housing Development”) around November 15, 2012 at the instant project site, and D cancelled the subcontract with the said Seosan Housing Development around May 2013.

C. D entered into a subcontract for construction works with the Plaintiff on May 2, 2013, with respect to the instant construction works, with the construction cost of KRW 3.55 billion, and with the construction period fixed from May 2, 2013 to October 31, 2013, each of which is subcontracted to the Plaintiff.

In May 2, 2013, the Plaintiff, Defendant, and D are the subcontractors who correspond to the part executed by the Plaintiff in the subcontracting contract with D and the Plaintiff.

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