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(영문) 서울고등법원 2016.06.17 2015나2075252
채권압류 및 전부명령대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On December 5, 2012, the Defendant awarded a contract for construction works between the Defendant and the Cheongong Construction Co., Ltd. (hereinafter “Cheongong Construction”) with the “Building Co., Ltd.” (hereinafter “Cheongong Construction”) under the “Building Co., Ltd. for the expansion of the first public parking lot in the Crridong-dong, Howon-dong, Howon-dong, the Crri-dong, Howon-dong, the Crri-dong,

B. Cheongong Construction and a three-party subcontractor’s subcontracting agreement and Cheongong Construction were sub-subcontracted for the instant construction by sector. On February 28, 2013, Cheongwon Industries Co., Ltd.: (a) awarded a subcontract for the instant construction work; (b) on March 4, 2013, Cheongwon Industries Co., Ltd.; and (c) awarded a subcontract for Cheongsung Construction, the Defendant, the contractor, the subcontractor, the subcontractor; (c) Suwon Heavy Industries; and (d) New Esckin Co., Ltd., the subcontractor (hereinafter “the subcontractor of this case”) concluded a direct subcontract agreement with each of the following three parties (hereinafter referred to as “direct subcontract agreement”).

1.In the lower-level contract between a contractor and a subcontractor under the above construction contract, the subcontract price is agreed to be paid directly to the subcontractor 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 Fair Transactions in Subcontracting Act

2. Method and procedure of the direct payment of the subcontract price - In principle, an application shall be filed by classifying the details of the portion executed by the subcontractor and a request for the payment of the subcontract price shall be separately made at the time of the examination and completion inspection, and in extenuating circumstances, a contractor may file a lump sum application and

(v) - The contractor’s obligation to pay the price to the contractor and the contractor’s obligation to pay the subcontract price to the subcontractor.

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