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(영문) 서울중앙지방법원 2017.08.17 2016가합578656
공탁금출급청구권확인청구의 소
Text

1. Of the KRW 339,027,741 deposited by the Seoul Central District Court No. 5098 on March 6, 2015.

Reasons

1. Basic facts

A. 1) Lotd Construction Co., Ltd. (hereinafter “Stun Construction”) (hereinafter “Stunk Construction”), including the conclusion of a subcontract between Defendant Jisung Co., Ltd. and the Plaintiff

(C) The Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is the Co., Ltd. (hereinafter “Defendant Co., Ltd.”).

(2) On April 3, 2014, among the construction works of ground E stores, such as Suwon-si, Suwon-si, the construction cost of the 1,384,90,000,00 won for the 1,384,90,000, and the construction cost of the 5th floor roof landscaping work on May 19, 2014, the 1,032,90,000, and the 7th, and the 8th rooftop landscaping work on the same day, each contract was made for each of the above construction costs (hereinafter referred to as the “instant construction work”).

(2) On June 20, 2014, Defendant Shinsung C&C subcontracted the construction work of the instant construction to the Plaintiff by setting the construction cost of KRW 302,50,000 and the construction period from June 20, 2014 to July 10, 2014.

(hereinafter “instant subcontract.” On July 11, 2014, the Plaintiff and Defendant Shin Sung-sung changed the construction cost under the said subcontract to KRW 571,780,000, and the completion date on August 5, 2014.

3) On July 12, 2014, the Plaintiff, Defendant Cuksung, and Dol Construction entered into a direct payment agreement with the following terms (hereinafter “instant direct payment agreement”).

Article 2(10) of the Fair Transactions in Subcontracting Act (hereinafter “subcontract”) provides that “In the case of a sub-subcontract, the ordering person refers to the principal contractor.” As such, in the instant case, the person ordering construction is the person placing an order, the person holding an order, and the Plaintiff shall be deemed the principal contractor as the principal contractor, and the subcontractor as the subcontractor.

1. Contract name: Newly-built construction works of E stores;

2. Title of subcontracted construction works: Landscape construction works;

3. Contract amount: 571,780,000 won (including value-added tax);

4. Contractor: Construction of a lot;

5. Subcontractors: Defendant Shinsung-Ackencs Project above.

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