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(영문) 서울고등법원 2014.12.09 2014나2015741
공탁금출급청구권
Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff Domin River Co., Ltd., and the plaintiff shography.

Reasons

1. Basic facts

A. On August 23, 2011, Hyundai Industrial Development Co., Ltd. (hereinafter “Modern Industrial Development”) entered into a contract on the condition that he/she subcontracts 2 Blust Melel Construction (hereinafter “instant contract”) with New He/sheacon (hereinafter “ New He/sheacon”) among the Construction Works of Suwon Libya Plust City 2 and 4 Blust Construction (hereinafter “Blust Construction”).

The name of the actual site of the direct payment agreement: Suwon PAPAK 2, 4 block 2, 4 block 2BL LALAS contractor: Hyundai industrial development contractor: The contractor and subcontractor of New Heunga Contac shall agree to pay the relevant amount directly to the subcontractor's workers, equipment lessor, material supplier and other (hereinafter referred to as "worker, etc.") of the subcontractor's work progress without any separate peremptory notice if the subcontractor and the subcontractor fall under any of the following causes related to Article 21 of the subcontract agreement (the direct payment of the subcontract price). In such cases, the contractor and the subcontractor shall be deemed to have terminated the amount of the direct payment of the subcontractor's work progress in proportion to the amount corresponding to the amount of the direct payment:

- - Sound

1. 1) Where the contractor becomes aware of the payment (based on cash) of the price to be paid to workers, etc. by the date following the contractor's payment (in cases of bills, the date of receipt of bills), 15 days from the date of the contractor's payment (15 days from the date of the contractor's payment), 65 days from the date of the contractor's payment for the material supplier, 65 days from the date of the contractor's payment for other employees, etc.;

2. The relevant construction project to be performed by the subcontractor for the settlement of the price with workers, etc. (including provisional seizure of the subcontractor's claims and property and legal provisional disposition of the subcontractor, etc.).

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