logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2015.11.06 2014가합204646
공탁금출급확인 청구의 소
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On December 2013, Defendant Digital Construction Co., Ltd. (hereinafter “Defendant Digital Construction”) was awarded a contract by the Daegu Metropolitan City Office of Education (the pertinent Office of Education) to extend toilets and improve the environment of Daegu public elementary schools (hereinafter “instant construction”) 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.

B. Around January 2014, Defendant DEL Construction entered into a subcontract with each of the following with respect to part of the instant construction works, respectively.

Plaintiff

When individually named the plaintiffs below, "stock company" is omitted, and only the trade name is indicated.

The term of the construction contract (including surtax) contract for the construction project (including E.S. construction) and E.S. construction and waterproof, and 68,200,000 won from January 14 to February 15, 2014 from January 14, 2014 to February 15, 2014; from January 6, 2014 to February 20, 2014, T.S. 37,510,000 won for T.T. 37,510,00 won for T. T. T. 37,510 to February 6, 2014 to February 20, 2014; 79,750,000 won for the construction project and T.S. 20,000 won for the construction project;

On February 6, 2014, there was a direct payment agreement on the subcontract price (hereinafter referred to as “instant direct payment agreement”) between the Daegu Metropolitan City (project owner) and Defendant DDD Comprehensive Construction (contractor) and the Plaintiffs (subcontractors), respectively, and the contents are as follows: A direct payment agreement on the subcontract price (direct payment).

1. The ordering person, contractor, and subcontractor agree that with respect to the subcontract between the contractor and the subcontractor pursuant to the provisions of Article 35 (2) of the Framework Act on the Construction Industry, the subcontractor shall pay directly to the subcontractor an amount equivalent to the portion executed by the subcontractor out of the contract price by depositing into the account in the name of the subcontractor designated by the ordering person from the annexed documents to this Agreement

2. The method and procedure of the direct payment of the subcontract price; and

arrow