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(영문) 창원지방법원진주지원 2020.08.11 2018가단5689
공탁금 출급청구권 확인
Text

1. The Plaintiff and the Defendants: 459,343,250 won deposited in gold No. 593 at this Court on June 14, 2018.

Reasons

1. Facts of recognition;

A. Defendant B Co., Ltd. (hereinafter referred to as “stock company”) is a subcontractor awarded a contract for “the extension of library for the use of (Gu) PP Middle School Sports Center (hereinafter referred to as “instant construction”) ordered by Gyeongnam-do (Office of Education).”

B. On December 26, 2017, B concluded a contract with the Plaintiff for the “Iron Construction Work” in the instant construction project amounting to KRW 123,860,000 (including value-added tax) and agreed to make a direct payment pursuant to Article 35 of the Framework Act on the Construction Industry, Article 29 of the Enforcement Rule of the same Act, Article 14 of the Subcontract Fair Transactions Act (hereinafter “subcontract Act”), and Article 9 of the Enforcement Decree of the same Act.

According to this, the ordering person directly pays the construction cost to the subcontractor, and the obligation to pay the price to the contractor to the contractor is extinguished within the scope of the subcontract law. This is also applicable to the case where the provisions, such as the Subcontract Act, are not applied.

Defendant C, D, and F also contracted part of the instant construction works from B and agreed on a direct payment agreement with the same contents as the Gyeongnam-do and B, and the specific date, amount, etc. are as listed below.

On December 26, 2017, Plaintiff Iron Construction Co., Ltd., the contract price of which was agreed on the direct payment of the contract was KRW 51,460,00 on December 26, 2017, which was KRW 95,000 on December 28, 2017, Defendant C C C’s production and installation work KRW 51,460,000 on January 8, 2018, Defendant C’s totaling KRW 53,900,000 on December 238, 2018, the Plaintiff agreed on the additional construction work, such as steel plate processing, at the request of Gyeongnam-do, and then the said construction work price was KRW 8,800,000 (including value-added tax).

C. On March 23, 2018, Defendant G received the instant decision on provisional seizure of claim against the instant claim for construction price against the Gyeongnam-do on March 23, 2018 (Seoul District Court Decision 2018Kadan100576), which is, the third debtor on March 28, 2018.

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