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(영문) 인천지방법원 2015.11.05 2014가합57774
공탁금출급청구권 확인의 소
Text

1. 3,615. Of the 412,330,043 won deposited by the Korea Airports Corporation by the Incheon District Court No. 6178 on July 25, 2014, the 3,615.

Reasons

1. Basic facts

A. On April 2014, the Korea Airports Corporation and the Korea Airports Corporation entered into a contract for construction works between the Korea Airports Corporation and the Korea Airports Corporation (hereinafter “Korea Airports Corporation”) with respect to M&D (hereinafter “instant repair works”) for the construction cost of KRW 4,057,020,000 and the construction period from April 30, 2014 to October 8, 2014 (hereinafter “instant contract”).

B. On April 30, 2014, in relation to the instant repair work, the first and the third party subcontracting subcontracting agreement 1) the first and the third party subcontracting agreement between the Plaintiffs and the Plaintiffs, each of the amounts indicated in the column for “contract amount” in the Plaintiff’s subcontracting statement in relation to the instant repair work (hereinafter “each of the instant subcontracting agreements”).

(1) On April 30, 2014, the Plaintiffs, a subcontractor, entered into a subcontract direct payment agreement (hereinafter “instant direct payment agreement”) with the Korea Airports Corporation, a primary contractor, and the Plaintiffs, a subcontractor, respectively, (hereinafter “instant direct payment agreement”).

1. In the subcontract agreement between the above contractor and subcontractor, I agree on the ordering person, contractor and subcontractor to pay directly the subcontractor the subcontract price corresponding to the portion executed by the subcontractor pursuant to Article 35 (2) of the Framework Act on the Construction Industry;

2. The contractor shall apply for the method and procedure for the direct payment of the subcontract price by classifying the details of the portion executed by the subcontractor at the time of the performance inspection and completion inspection, and request the request for the payment of the subcontract price separately, and the ordering person shall decide to pay the subcontract price directly to the account of the subcontractor;

C. The Defendants, the creditors of the shipbuilding construction, including seizure of the Defendants’ claim for the payment of the construction cost, are the claim for the construction cost of the instant repair work held against the Korea Airports Corporation between May 2014 and August 2014.

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