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(영문) 서울중앙지방법원 2015.01.23 2014가합506558
공탁금출급권확인
Text

1. 50,028,00 won out of the KRW 584,73,720 deposited by the Suwon District Court of 2013 Geumwon District Court of 2013 as the KRW 11324 in November 29, 2013.

Reasons

1. Facts of recognition;

A. On June 27, 2012, Gyeonggi-do (Jurisdiction: Gyeonggi-do Government Office of Education) concluded a contract for construction works with the Cheongong Construction Co., Ltd. (hereinafter “Cheongong Construction”) and the AL Elementary School Construction and AL Elementary School Construction Corporation (hereinafter “instant new construction works”) for construction works (hereinafter “instant construction works”) from July 5, 2012 to August 8, 2013.

B. At around April 2013 to May 5, 2013, the Cheongong Construction concluded each of the following subcontract agreements with the Plaintiffs with respect to part of the newly constructed construction of this case as follows:

(2) On April 29, 2013, the Cheongong Construction Co., Ltd. (hereinafter “Stock Co., Ltd.”). On May 21, 2013, the Cheongong Construction Co., Ltd. (hereinafter “Co., Ltd.”). On April 29, 2013, the Cheongong Construction Co., Ltd. (hereinafter “PS”)’s 301,40,571,000 won for the Plaintiff’s special construction on May 21, 2013, 2013, the Cheongyang Construction Co., Ltd. (hereinafter “TS”)’s 301,45,00,000 won for the subcontractor’s direct non-payment agreement.

The date of direct payment of subcontract price to be directly paid by Gyeonggi-do at each date indicated in the “Date of Direct Payment Agreement” in the table of the preceding paragraph, which is the ordering person of the new construction of this case, the Gyeonggi-do, the principal contractor, and the subcontractor, and the Plaintiffs, who are the subcontractors, respectively, have made a three-party direct payment agreement between Gyeonggi-do, the Cheongong Construction, and the Plaintiffs.

(hereinafter referred to as “each direct payment agreement of this case”). The direct payment agreement of this case is indicated as follows:

1.In the subcontract between a contractor and a subcontractor under the above construction contract, the subcontract consideration shall be paid directly to the subcontractor in accordance with 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, and Article 4 of

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

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