logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구고등법원 2016.08.24 2015나24356
공탁금출급확인 청구의 소
Text

1. Revocation of the first instance judgment.

2. Between the Plaintiffs and the Defendants, Daegu District Court on March 20, 2014.

Reasons

1. The following facts do not conflict between the parties, or may be acknowledged by each description of Gap evidence 1 to 9 (including the numbers when they are not specially indicated; hereinafter the same shall apply) and the purport of the whole pleadings, and the statement of Eul evidence 1 to 9 are insufficient to reverse the above facts, and there is no other counter-proof.

Defendant Digital Construction Co., Ltd. (hereinafter referred to as “Co., Ltd.”) entered into a contract with the Daegu Metropolitan City Office of Education (competent Office of Education) for the extension of toilets and the improvement of environment (hereinafter referred to as “instant construction”) around December 2013 with the contract amount of KRW 646,262,403 (including value-added tax) and the contract period from December 9, 2013 to February 26, 2014.

The term of the contract (including value-added tax) contract for the original high-tech engineering contract (including the construction work) contract (including E.S.), E. and B.P. design and waterproof, 68,200,000 won per day from January 14, 2014 to February 15, 2014, F.C. metal construction 68,200,000 won from January 6, 2014 to February 20, 2014; 37,510,000 won for the tin industry from January 6, 2014 to February 20, 2014; 201.4 to February 15, 2014; 79,750,000 won from January 6, 2014 to April 20, 201, 205 to April 20, 2014; 205 to April 29, 2014

On January 2014, Defendant Digital Construction concluded a subcontract agreement with the Plaintiffs on some of the instant construction works as follows.

C. On February 6, 2014, an agreement was reached between the Daegu Metropolitan City (project owner), Defendant del Comprehensive Construction (contractor) and the Plaintiffs (contractor) on the direct payment of the subcontract price by each Plaintiff (hereinafter “instant direct payment agreement”). The main contents are as follows. A direct payment agreement on the subcontract price (direct payment) is as follows.

1. The ordering person, contractor and subcontractor shall be the one of the construction work costs in connection with the subcontract between the contractor and subcontractor pursuant to the provisions of paragraph 2 of Article 35 of the Framework Act on the Construction Industry

arrow