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(영문) 대전지방법원천안지원 2020.09.16 2020가단809
공탁금 출급청구권 확인
Text

1. The plaintiff's lawsuit against the defendant B is dismissed.

2. The Plaintiff Co., Ltd. and Defendant C.

Reasons

1. Facts of recognition;

A. Boan-si and Defendant B Co., Ltd concluded a contract for Dwork around June 17, 2016.

B. Around August 10, 2016, Defendant B Co., Ltd and the Plaintiff concluded a subcontract agreement with regard to reinforced concrete construction during the said construction period, setting the subcontract amount of KRW 369,349,00, and the construction period from August 10, 2016 to June 23, 2018. A subcontract amendment agreement was concluded between June 22, 2018 and July 1, 2019. A subcontract alteration agreement was concluded with the subcontract amount of KRW 565,00,000,000 on May 27, 2019.

C. At the time of Boan-si, Defendant B, and the Plaintiff’s agreement on the direct payment of the subcontract price with the following contents at the time of each of the above subcontract agreement

(hereinafter “Agreement on Direct Payment”). Agreement on Direct Payment of Subcontract Price (Direct Payment)

1.In the subcontract between a contractor and a subcontractor under the above 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 9 of

2. Method and procedure of the direct payment of the subcontract price;

(a) In conducting a pre-inspection and completion inspection, in principle, the details of the portion that the subcontractor performed and the subcontractor separately requests the payment of the subcontract price shall be separately applied, and in extenuating circumstances, the contractor may make a request en bloc, but the subcontract price shall be paid directly to the subcontractor;

(b) An obligation to pay the price to the contractor and an obligation to pay the subcontract price to the subcontractor by the contractor shall be deemed extinguished in accordance with Article 14 of the Fair Transactions in Subcontracting Act;

Defendant C received a provisional attachment order of KRW 472,982,436 on July 2, 2019 as Seoul Central District Court Decision 2019Kadan81029 on the claim amount for the construction cost claim against Defendant B Company at the time of Boh Order.

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