KR102513044B1 - Method and server for managing separated trust in joint subcontract - Google Patents

Abstract

The present invention relates to a trust method for separating multiple ready-made shares for settlement of construction cost contributions of members of a joint supply body and a server for executing the method. To this end, the trust company management server according to the present invention receives a request for a trust contract from the manager terminal and the non-manager terminal, notifies the trust contract to the contractor terminal, and when the trust contract is approved by the contractor terminal, the plural contribution share of the joint supply body is separated. A contract management unit that concludes a trust contract, and an established fund management unit that receives and manages the progress money to be paid by the contractor to the manager and the non-maintenance manager when the trust contract for separating multiple end-of-year funds is concluded, and the trust priority proceeds from the manager terminal or the non-maintenance manager terminal When a claim is received, it includes a settlement unit that pays proceeds according to the claim to the manager or non-maintenance manager.

Description

Method and server for managing separated trust in joint subcontract

The present invention relates to a trust method for separating multiple ready-made shares for settlement of construction cost contributions of members of a joint supply body and a server for executing the method.

In a joint contract, in order to correct the problem that the representative company (manager), which received all the completion funds in a lump sum, does not distribute the equity completion funds corresponding to the share ratio to the non-managers, the completion funds are divided and paid to each member of the joint supply body according to the share ratio. will do

The plurality of shares of the completion money that each member of the joint supply body has for the contractor are not owned jointly, but are separately attributed according to the share ratio of the members, so that the smooth implementation of the construction can be ensured even though the contractor pays the completion money to each individual member. For this purpose, the representative among the members pays the entire actual construction cost in advance, and then charges the non-maintenance managers for construction cost sharing according to the share ratio.

However, if the non-maintenance companies fail to pay the representative company for the construction cost share, the representative company is at risk of bankruptcy due to the occurrence of insolvent receivables.

In case of bankruptcy of the representative company, the construction cost is borne by another member (replaced representative company), and then the contribution according to the share ratio is claimed.

In the event of non-payment of contributions in this way, the current contractor transfers the contributions corresponding to the member's unpaid contributions (unpaid balance) to the joint account of the unpaid member with the representative, who is the member who actually paid the construction cost, after depositing the contributions into the joint account We are preparing a system for depositing money into a joint account, which collects unpaid contributions in the event of (a) notification of seizure and transfer of ready-made money, offset of loan receivables from a bank that opened a joint account, suspension of payments by unpaid members, bankruptcy, etc. is not being done

For example, the contractor, representative company (manager) A, non-manager B, and non-manager C jointly share 11 billion won, representative company A has a 60% share, non-manager B has a 30% share, and non-manager C has a 10% share. Assume that a contract has been concluded.

Representative company A paid 1 billion won in construction costs in advance, and then charged non-manager B for 300 million won and non-manager C for 100 million won according to the share ratio. The result is that B and C's unreasonable profits corresponding to the construction costs they have borne are not returned.

For this reason, the financial situation of representative company A deteriorated, and non-maintenance company B (representative company that was replaced) bears the remaining construction cost of 10 billion won. If non-manager C claims 1 billion won, but all of them are unpaid, non-manager B will not be able to receive the return of unfair profits equivalent to the completed shares of A and C, corresponding to the construction cost paid in advance by exceeding the share of non-manager B. .

In this way, in the case of unpaid contributions, if recovery is not possible even if time-consuming and cost-consuming legal measures (seizure, lawsuit, etc.) are taken, the representative company or non-maintenance company (changed and replaced representative company) whose financial situation has deteriorated due to the non-payment will suffer a series of bankruptcies. · Bankruptcy and other procedures can be taken, and if it becomes difficult to collect unpaid contribution claims due to bankruptcy or bankruptcy, all members can no longer bear the cost of construction, so the construction must be stopped.

The above-described information disclosed in the background art of the present invention is only for improving the understanding of the background of the present invention, and thus may include information that does not constitute prior art.

Korean Patent Publication No. 2019-0136664

The present invention has been devised to solve the above problems, and an object of the present invention is to provide a trust method for separating multiple established shares, which enables smooth joint contracts to be implemented by recovering the full amount of the existing contributions of members who have not paid their contributions, and a trust method for implementing the same. to provide a server.

To this end, the trust company management server according to the present invention receives a request for a trust contract from the manager terminal and the non-manager terminal, notifies the trust contract to the contractor terminal, and when the trust contract is approved by the contractor terminal, the plural contribution share of the joint supply body is separated. A contract management unit that concludes a trust contract, and an established fund management unit that receives and manages the progress money to be paid by the contractor to the manager and the non-maintenance manager when the trust contract for separating multiple end-of-year funds is concluded, and the trust priority proceeds from the manager terminal or the non-maintenance manager terminal and a settlement unit that pays proceeds from the claim to the manager or non-maintenance manager when the claim is received.

In addition, the multi-preparation share separation trust method according to the present invention is a multi-preparation equity share separation trust method performed in a trust company management server, comprising the steps of notifying a trust contract to a contractor terminal when a request for a trust contract is received from a lead manager terminal and a non-maintenance manager terminal; , Upon receiving approval for the trust contract from the contractor terminal, concluding a trust contract for the separation of multiple completion shares of the joint supply body, and when the contract for the separation of multiple completion shares is concluded, and receiving and managing, and when a trust preferential proceeds claim is received from the manager terminal or the non-maintainer terminal, paying the proceeds according to the claim to the manager or the non-maintenant.

As described above, in the present invention, when a joint contract is concluded, a trust contract for the separation of multiple established funds shares is concluded, so that the agreement to share all construction costs incurred between members of the joint supply body according to the share ratio can be observed without problems. . Accordingly, there is an effect of preventing insolvency of construction companies due to non-payment of contributions.

1 is a schematic configuration diagram of a system for implementing a multi-preparation equity separation trust method according to an embodiment of the present invention.
Figure 2 is a signal flow diagram between each entity in a system for implementing a trust method for separating multiple established funds according to an embodiment of the present invention.
3 is an internal configuration diagram of a trust company management server according to the present invention;
Figure 4 is a flow chart of a multi-preparation equity separation trust method according to the present invention.
5 is a conceptual diagram for explaining a multi-preparation equity separation trust method according to the present invention.

Hereinafter, with reference to the accompanying drawings, embodiments of the present invention will be described in detail so that those skilled in the art can easily carry out the present invention. However, the present invention may be embodied in many different forms and is not limited to the embodiments described herein. And in order to clearly explain the present invention in the drawings, parts irrelevant to the description are omitted, and similar reference numerals are attached to similar parts throughout the specification.

Throughout the specification, when a certain component is said to "include", it means that it may further include other components without excluding other components unless otherwise stated.

In addition, the terms "...unit" and "...module" described in the specification mean a unit that processes at least one function or operation, which may be implemented by hardware, software, or a combination of hardware and software.

Hereinafter, with reference to the drawings, a multi-preparation equity separation trust method and a server for executing the method according to an embodiment of the present invention will be described in detail.

The present invention is a joint implementation method joint contract in which members of a joint supply body jointly fulfill a contract according to a certain share ratio (equity of investment), and a trust method for separating multiple existing funds shares among members of a joint supply body and a server for its execution In detail, when a plurality of ready-made shares corresponding to the share ratio that each member of the joint contract body has for the contractor is generated, the members of the joint body and the server of the trust company interlock with each other to calculate and separate the plurality of ready-made shares It relates to a method of settling the construction part cost corresponding to the share in excess of the equity ratio of the member who entrusted the trust and paid the entire actual construction cost in advance.

1 shows the configuration of a system for implementing a multi-preparation equity separation trust method according to an embodiment of the present invention.

Referring to FIG. 1 , a system for implementing a trust method for separating multiple established funds shares according to the present invention is composed of a trust company management server 100 and a plurality of computing devices 200 .

The trust company management server 100 is a server built and owned by a trust institution, and refers to a web-based or app-based server that can be accessed by computer devices 100 through a network. The trust company management server 100 is accessed by a web browser or a client application installed on the computing devices 200 .

The trust company management server 100 performs processes such as a trust contract, management of donations, and settlement of donations.

The trust company management server 100 proceeds with a multi-equity bond trust contract for the separate trust of each member at the time of a joint contract between the contractor and the joint supply body composed of the manager and the non-manager, and trusts the unpaid share in case of unpaid share between members. First of all, the proceeds are paid so that the joint contract can be implemented smoothly.

The plurality of computing devices 200 connected to the trust company management server 100 are computing devices owned by contractors, joint contractors, and contract guarantors. The computing device may be a smart phone, a tablet PC, a laptop computer, a personal computer, or the like, and any type of device may be used as long as it is a device capable of accessing the trust company management server 100 through an app or web.

For convenience of explanation, the plurality of computing devices 200 includes a contractor terminal 200-1, a manager terminal 200-2, a non-manager terminal 200-3, and a guarantee company terminal 200-4. do it as

The contractor terminal 200-1 is a computing device owned by the person in charge of the contracting company, the manager terminal 200-2 is a computing device owned by the person in charge of the manager, and the non-manager terminal 200-3 is a computing device owned by the person in charge of the non-manager. It is a computing device owned by the guarantee company, and the guarantee company terminal 200-4 is a computing device owned by a person in charge of the guarantee company.

2 illustrates a signal processing flow between entities in a system for implementing a trust method for separating multiple established funds shares according to an embodiment of the present invention.

Referring to FIG. 2, first, the manager and the non-manager must be subscribed to the trust service. Only when the manager and the non-manager have subscribed to the trust service, the manager terminal 200-2 and the non-manager terminal 200-3 log in to the trust company management server 100 and use the trust service.

After the joint contract is concluded between the contractor, the manager and the non-manager, the non-manager terminal 200-3 and the manager terminal 200-2 each access the trust company management server 100 and request a trust contract for a separate trust. (S10, S12).

In the embodiment of the present invention, the manager terminal 200-2 and the non-manager terminal 200-3 each request a trust contract, but when the manager receives a trust contract from the non-manager, the manager terminal 200-2 A trust contract can be requested to the trust company management server 100 alone.

When a trust contract is requested, information related to the joint contract is registered in the trust company management server 100 . The information related to the joint contract includes information on the contractor, manager information, non-manager information, contribution information, share information of the joint contractor, etc.

Upon receiving a trust contract request from the manager terminal 200-2 and the non-manager terminal 200-3, the trust company management server 100 operates the contractor terminal 200-1 and the guarantor terminal 200-4 based on the contractor information. ) to notify the trust contract (S20, S21).

After notifying that there is a request for a trust contract and receiving approval for the trust contract from the contractor terminal 200-1 and the guarantor terminal 200-4 (S22, S23), the trust company management server 100 is associated with the joint contract. Based on the information, a trust contract for separate trust is automatically concluded (S30).

When a trust contract is concluded, the contractor remits the proceeds according to the joint contract to the account of the trust company according to the trust contract. In the ready-made money remittance step (S40), the contractor terminal 200-1 transmits the finished money to the trust company management server 100, but the contractor terminal 200-1 transfers the finished money to the account managed by the trust company management server 100. is to send

Thereafter, when non-payment of contributions occurs, the non-manager terminal 200-3 and/or the manager terminal 200-2 may claim the trust preferential proceeds from the trust company management server 100 (S50, S52).

When a trust priority claim is received from the non-manager terminal 200-3 and/or the manager terminal 200-2, the trust company management server 100 transfers the proceeds claimed from the existing donation under management to the non-manager terminal 200-3. and/or paid to the manager terminal 200-2 (S60, S62).

After paying the income to the non-manager terminal 200-3 and/or the manager terminal 200-2, the trust company management server 100 notifies the contractor terminal 200-1 of the payment of the advance payment (S70).

3 shows the internal configuration of the trust company management server according to the present invention.

Referring to FIG. 3 , the trust company management server 100 includes a communication interface 102 and a control unit 104 .

The communication interface 102 is a part for performing data communication with computing devices including a contractor terminal 200-1, a manager terminal 200-2, and a non-manager terminal 200-3. The communication interface 102 is a communication module such as Ethernet that is connected to the Internet and performs TCP/IP communication.

The control unit 104 is a part that controls and manages the overall operation of the trust company management server 100 . The control unit 104 performs various functions, but according to an embodiment of the present invention, it performs functions such as a trust contract, management of contributions, settlement of contributions, and the like.

The control unit 104 includes both hardware and software, and functions such as the above-described trust contract, management of donations, settlement of donations, etc. may be configured as software modules.

When the contract management unit 110 receives a trust contract request from the manager terminal 200-2 and the non-manager terminal 200-3, it notifies the contractor terminal 200-1 and the guarantor terminal 200-4 of the trust contract. Upon receiving approval for the trust contract from the contractor terminal 200-1 and the guarantor terminal 200-4, a trust contract for a multi-preparation share separation trust is concluded.

The completion money management unit 120 receives and manages the completion money to be paid by the contractor to the manager and the non-maintenance manager when a trust contract for the separation of plural established funds shares is concluded. In addition, when the proceeds are paid by the settlement unit 130, the payment management unit 120 notifies the payment of the payment to the contractor terminal 200-1.

The settlement unit 130, upon receipt of a trust priority claim from the manager terminal 200-2 or the non-manager terminal 200-3, pays the proceeds according to the claim to the manager or the non-manager. The settlement unit 130 transmits the details of payment of the finished money according to the payment of proceeds to the finished money management unit 120 .

4 is a flowchart illustrating a separate trust procedure according to the present invention, and each step of the flowchart is performed in the trust company management server 100.

Referring to FIG. 4, first, when the trust company management server 100 receives a trust contract request from the manager terminal 200-2 and the non-manager terminal 200-3 (S100), the contractor terminal 200-1 and the guarantee The trust contract is notified to the company terminal 200-4 (S102).

Thereafter, it is checked whether acceptance of the trust contract is received from the contractor terminal 200-1 and the guarantor terminal 200-4 (S104), and when the acceptance of the trust contract is received, a trust contract for separating multiple established funds is concluded. (S106). If the acceptance of the trust contract is not received for a certain period of time, the trust contract for the separation of multiple established funds is not concluded and is terminated (S105).

When the trust contract for the separation of plural contributions is concluded, the trust company management server 100 receives the contributions to be paid by the contractor to the manager and the non-manager through the account (S108).

The trust company management server 100 checks whether a claim for trust priority proceeds is received from the lead manager terminal 200-2 or the non-maintainer terminal 200-3 while managing the contribution according to the trust contract (S110).

When a trust preferential claim for proceeds is received from the manager terminal 200-2 or the non-manager terminal 200-3, the trust company management server 100 pays the proceeds according to the claim to the manager or non-manager (S112).

When other proceeds are paid to the trust priority proceeds claim, the trust company management server 100 notifies the payment of the contribution to the contractor terminal 200-1.

5 is an overall conceptual diagram for explaining the multi-preparation equity separation trust and the payment of the established equity shares according to the present invention described above.

Referring to FIG. 5, as described above, after a joint contract is concluded between the contractor and the joint contractor consisting of the manager (representative company) A, non-manager B, and non-manager C, the trust contract of the joint contractor according to the present invention. It is assumed that the trust contract is concluded with the request and the contractor's consent.

At this time, the joint contract has an established fund of 11 billion, and the share ratios of manager (representative company) A, non-manager B, and non-manager C are 60%, 30%, and 10%, respectively.

According to the joint contract, manager A paid 1 billion won for the construction cost in advance, and then charged non-manager B with 300 million won and non-manager C with 100 million won according to its shares, but both non-payment occurred, and manager A's financial situation worsened, leading to non-manager A's financial situation deteriorating. After B pays the remaining construction workers 10 billion won, and claims 6 billion won to the representative company and 1 billion won to non-manager C according to the percentage of ownership, but both are unpaid again, conventionally, manager A and non-manager B could not pay the progress money, The contract could not be fulfilled.

However, according to the trust contract according to the present invention, manager A and non-manager B, as consignors and preferred beneficiaries, can claim the trust company's priority proceeds from the trust company, and the trust company can claim 1 billion from manager A and 100 million from non-maintenance manager B according to the claim for the proceeds. By paying 100 million as proceeds, the joint contract can proceed smoothly.

According to the present invention, the trust contract for separating multiple finished shares is singular or plural from the stage of forming a joint supply body at the same time as the signing of a joint contract or before the conclusion of a joint contract for a plurality of ready-made shares for each member of the joint supply body even if unpaid cost shares do not occur. As the procedures for separate conclusions are repeated simultaneously or sequentially, a single or multiple trust accounts and trust contracts can exist in a joint contract.

The above detailed description should not be construed as limiting in all respects and should be considered illustrative. The scope of the present invention should be determined by reasonable interpretation of the appended claims, and all changes within the equivalent scope of the present invention are included in the scope of the present invention.

100: trust company management server 102: communication interface
104: control unit 110: contract management unit
120: Donation money management department 130: Settlement department
200: computing device 200-1: contractor terminal
200-2: Manager terminal 200-3: Non-maintainer terminal

Claims (6)

A contract management unit that notifies the contractor terminal of the trust contract upon receipt of a request for a trust contract from the lead manager terminal and non-manager terminal, and concludes a trust contract for separating multiple finished funds shares of the joint supply chain upon receiving approval of the trust contract from the contractor terminal;
When the multiple completion share separation trust contract is concluded, the completion fund management department that directly receives and manages the total amount of the completion money to be paid by the contractor to the manager and the non-maintenance manager directly into the trust account held by the trust company without going through the account in the joint name;
When a trust priority claim is received from the manager terminal or the non-manager terminal, the proceeds according to the claim are transferred to the manager or non-manager based on the ratio of the actual cost of construction, not the share ratio of the joint contract, to the manager or non-manager without going through the account in the joint name A trust company management server including a settlement unit for settlement and payment. According to claim 1,
The trust company management server, characterized in that the payment of the payment of the payment of the payment to the contractor terminal when the payment of the proceeds by the settlement unit is executed. According to claim 1,
The trust company management server, characterized in that the contract management unit notifies the trust contract to the guarantor company terminal and receives approval for the trust contract from the guarantor company terminal. In the trust method for separating multiple existing funds shares performed in a trust company management server,
notifying the trust contract to the contractor terminal when a request for a trust contract is received from the manager terminal and the non-manager terminal;
Concluding a trust contract for separating a plurality of existing funds shares upon receiving approval for the trust contract from the contractor terminal;
When the trust contract for the separation of the multiple contributions is concluded, the contractor receives and manages the total amount of the contributions to be paid to the lead manager and the non-leader directly into a trust account held by the trustee without going through an account in a joint name;
When a trust priority claim is received from the manager terminal or the non-manager terminal, the proceeds according to the claim are transferred to the manager or non-manager based on the ratio of the actual cost of construction, not the share ratio of the joint contract, to the manager or non-manager without going through the account in the joint name A multi-premium share separation trust method comprising the step of settlement and payment. According to claim 4,
When other proceeds are paid to the trust preferential proceeds claim, the step of notifying the contractee terminal of the payment of the contributions is further included. According to claim 4,
The trust method for separating multiple ready-made equity shares, characterized in that it further comprises notifying the trust contract to the guarantor company terminal and receiving approval for the trust contract from the guarantor terminal.

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