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(영문) 의정부지방법원 2016.05.13 2015가단110454 (1)
공탁금출급확인
Text

1. 36,281,742 won out of 584,73,720 won deposited by Suwon District Court No. 11324 in 2013, Nov. 29, 2013 by Gyeonggi-do.

Reasons

1. Basic facts

A. On June 27, 2012, Gyeonggi-do (Jurisdiction: Gyeonggi-do Government Office of Education) entered into a contract for construction works with Cheongong Construction Co., Ltd. (hereinafter “Cheongong Construction”) and AL Schools construction and ancillary facilities construction works (hereinafter “instant new construction works”) with construction cost 6,260,449,191, and construction period from July 5, 2012 to August 8, 2013.

B. On April 2013 to May 5, 2013, Cheongong Construction entered into a subcontract for part of the new construction of this case with Defendant Han Han-Techin Industries Co., Ltd., Namyang Design Construction, Co., Ltd., gender-generating Korea Co., Ltd., and special construction of Korea Co., Ltd. (hereinafter “Defendant Han-Techin Industries et al.”), as indicated below:

(2) On April 29, 2013, the Defendants indicated as follows: (a) on April 29, 2013, 201, Cheongong Construction Co., Ltd. (hereinafter “Co., Ltd.”); (b) on May 21, 2013, Cheongong Construction Co., Ltd. (hereinafter “Co.”). On April 29, 2013, Cheongong Construction Co., Ltd. (hereinafter “SA”) on the date of direct non-payment agreement with the subcontractor on the subcontract amount of the direct non-payment agreement with the subcontractor; (c) on April 21, 2013, Defendant Sungyang Design Construction Co., Ltd. (hereinafter “SA”) 41,620,000 steel structures, windows, glasss, glass, metal works, and (d) May 21, 2013.

Gyeonggi-do, the principal contractor of the new construction of this case, and the Defendant Han Han-Tech Co., Ltd. and three others are the subcontractor.

The "Date of Direct Payment Agreement" in the list of the Defendants stated in the paragraph refers to the "Agreement on Direct Payment of Subcontract Price" in which Gyeonggi-do shall directly pay the subcontract price for the Cheongong Construction as stated in the table of the above Defendants on each date, and the agreement was concluded between Gyeonggi-do, Cheongong Construction, and the said Defendants on three direct payments.

(hereinafter referred to as “each direct payment agreement of this case”). The direct payment agreement of this case is indicated as follows:

1. Article 35 of the Framework Act on the Construction Industry, Article 29 of the Enforcement Rule of the same Act, and the Fair Transactions in Subcontracting Act, for subcontracting between contractors and subcontractors under the above construction contract.

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