KR20230085431A - Assurance system and method for carrying out construction work - Google Patents

Abstract

The present invention relates to a guarantee system for the responsible completion of construction work. The guarantee system for responsible completion of construction work includes the steps of: a warranty server receiving contract information from a construction company server and storing the contract information; a guarantee server connecting to a bond trust company server and determining whether the contract information has been entered; and, when determining that the same contract information has been entered in the bond trust company server, the guarantee server storing contract liability completion guarantee information in a database.

Description

Construction work responsibility completion guarantee system and method {Assurance system and method for carrying out construction work}

The present invention can facilitate the construction company's responsible completion by trusting the contract payment claims or subcontract payment claims, the value-added tax refund claims held by the constructor or subcontractor to the National Tax Service, and the trust proceeds claim against the real estate trust company of the developer to the bond trust company. It is about a system and method for guaranteeing the completion of construction work.

In general, project financing is a project in which a financial institution (lender) lends business funds necessary to carry out the project to the developer (borrower) by collateralizing the project's business feasibility or profitability (sales revenue according to the expected sales rate). say that

Although such project financing is a loan technique that secures the profitability of the project itself, rather than the credit or physical collateral of the developer or constructor, in Korea, the project developer (real estate trust company that inherits the developer's rights) rather than the profitability of the project itself. Including) or a joint guarantee based on the contractor's credit, or a guarantee of responsible completion, etc. are secured as important collateral, and the loan is strictly operated differently from the essence of project financing.

Usually, when most developers with small scales and low credit ratings carry out development projects through project financing from financial institutions, they provide collateral such as joint guarantee (payment guarantee) or responsibility for completion to financial institutions based on good credit ratings. You can choose a builder who can do it.

If the constructor fails to complete the project or becomes insolvent, the developer cannot receive the balance of the sale price from subcontractors and thus cannot repay the loan. Therefore, the financial institution submits a written commitment from the contractor selected by the developer. receive

In other words, the responsible completion commitment means that the contractor completes the construction by the deadline without stopping the construction, even if the borrower of the project financing does not pay the construction cost to the constructor, except in cases of force majeure such as natural disasters or wars (approval for temporary use). Excluding), and it can be seen that it has a similar character to a joint guarantee of the developer's repayment of the project financing loan with the contractor's credit.

The constructor has an incentive to suspend or give up the construction if the sales rate is low or if the developer does not pay the construction cost, in which case the project cannot proceed. Therefore, financial institutions demand construction companies to fulfill their responsibility for completion, and in practice, they often conclude a separate agreement called a ‘commitment to responsibility for completion’.

There are not a few disputes over the requirements and scope of the responsible completion obligation that financial institutions impose on constructors.

In other words, the terms of the 'reason for exemption from the responsible completion duty' in the contract for responsible completion for each project may be different, and the constructor's responsible completion duty corresponds to a credit grant in terms of economic substance, so the constructor is liable for damages for the entire unrepaid loan principal and interest of the developer. If repayment is to be made in the form of a joint guarantee in a burden-bearing manner, it can be a controversy or dispute as to whether or not the construction company is liable for the completion of the construction, and such disputes may even proceed to litigation.

In addition, such a responsible completion commitment is not only an unfair transaction that imposes an excessive burden on the constructor who has to complete the construction even if the construction cost is not paid, but if the constructor becomes insolvent, it is an unfair transaction from the financial institution's point of view just by submitting a responsibility completion commitment from the constructor. There is a problem in that it is not possible to subrogate the contractor for the entire outstanding loan principal and interest of the developer or to shift the liability for damages to the amount of the outstanding loan principal and interest.

Korean Patent Publication No. 10-2014-0112842 (published on September 24, 2014)

The present invention is intended to solve the above problems, and the problem to be solved in the present invention is the contract payment claim (subcontract payment claim) or subcontract payment claim (subcontract payment claim) held by the constructor (subcontractor) or subcontractor, By entrusting the right to claim a refund of value-added tax (value-added tax refund claim) to the National Tax Service and the right to claim the real estate trust proceeds from the real estate trust company of the developer (real estate trust proceeds claim) to the bond trust company, the financial institution is unfairly acting on the credit of the constructor in order to repay the principal and interest of the loan. It is about a responsible completion guarantee system and method for construction work that can prevent construction work from being suspended and insolvent by submitting it to a financial institution instead of receiving the dependent completion guarantee certificate.

The present invention is a construction work responsibility completion guarantee system, comprising: a guarantee server receiving subcontract information from a construction company server and storing subcontract information; determining whether the subcontract contract information is entered by the guarantee server accessing the bond trust company server; When the guarantee server confirms that the subcontract contract information is identically input to the creditor trust company server, the guarantee server provides a construction work responsible completion guarantee system including the step of storing the subcontract responsibility completion guarantee information in a database.

According to an embodiment, the contract responsibility completion guarantee information includes the contract information, guarantee debtor, and guarantee creditor information, the guarantee debtor is a construction company, and the guarantee creditor includes a real estate trust company.

According to an embodiment, the creditor trust company server further stores value-added tax refund claim information, and the creditor trust company server notifies the value-added tax refund claim information to the National Tax Service server.

According to one embodiment, the bond trust company server further stores trust proceeds claim information, and the bond trust company server notifies the trust proceeds claim information to the real estate trust company server.

According to an embodiment, the real estate trust company server requests payment of a deposit from the guarantee server when a guarantee accident occurs.

In another aspect, the present invention provides a method for guaranteeing the completion of a construction project, comprising: receiving, by a guarantee server, subcontract information from a construction company server and storing subcontract information; determining whether the subcontract contract information is entered by the guarantee server accessing the bond trust company server; When the guarantee server confirms that the subcontract contract information is identically input to the creditor trust company server, the guarantee server provides a responsible completion method for construction work including the step of storing subcontract responsibility completion guarantee information in a database.

According to an embodiment, the contract responsibility completion guarantee information includes the contract information, guarantee debtor, and guarantee creditor information, the guarantee debtor is a construction company, and the guarantee creditor includes a real estate trust company.

In the present invention, the construction company or subcontractor embezzles or misappropriates the construction price or the creditor by entrusting the contract payment claim, which is the contract payment claim that the constructor has against the real estate trust company, or the subcontract claim against the constructor of the subcontractor to the bond trust company. Even in the event of provisional seizure of construction payment receivables, bankruptcy, rehabilitation or bankruptcy of the constructor or subcontractor, the real estate trust company can reliably pay the subcontractor, etc. the construction price (contract payment or subcontract payment), so the contract can be smoothly completed without interruption of construction. Responsible completion of the project can be carried out.

In the present invention, the real estate trust company responsible for stably managing the business converts the value-added tax refund claim, which cannot be given priority to procedures such as intentional rehabilitation and bankruptcy of the implementer, to a value-added tax refund claim trust method, not a transfer method, so that the value-added tax refund You can manage your business finances stably by receiving deposits into an account in the name of a bond trust company.

The present invention entrusts the trust proceeds claim that the implementer or real estate trust company has to the real estate trust company to the bond trust company in order to pay the tax dues and charges that the implementor or real estate trust company must bear after completion of construction If the project is paid normally, the contractor can secure the construction cost, which will not lead to the contractor's insolvency, and the project can be completed stably without any interruption of construction.

1 and 2 are network configuration diagrams for explaining a responsible completion guarantee system according to an embodiment of the present invention.
3(a) and (b) are block diagrams illustrating internal configurations of a bond trust company server and a guarantee server, respectively, according to an embodiment of the present invention.
4 is a flowchart illustrating a responsible completion guarantee method according to an embodiment of the present invention.

Embodiments of the present disclosure are illustrated for the purpose of explaining the technical idea of the present disclosure. The scope of rights according to the present disclosure is not limited to the specific description of the embodiments or these embodiments presented below.

All technical terms and scientific terms used in this disclosure have meanings commonly understood by those of ordinary skill in the art to which this disclosure belongs, unless defined otherwise. All terms used in this disclosure are selected for the purpose of more clearly describing the disclosure and are not selected to limit the scope of rights according to the disclosure.

Expressions such as "comprising", "including", "having", etc. used in this disclosure are open-ended terms that imply the possibility of including other embodiments, unless otherwise stated in the phrase or sentence in which the expression is included. (open-ended terms).

Expressions in the singular form described in this disclosure may include plural meanings unless otherwise stated, and this applies equally to expressions in the singular form described in the claims.

Referring to FIG. 1, the construction work responsibility completion guarantee system according to an embodiment of the present invention includes a construction company server 100, a real estate trust company server 200, a bond trust company server 300, a guarantee server 400, and an appraisal server ( 500) may be included.

Construction company server (100)

The construction company server 100 is a server of a company that receives a construction order from a construction company or a real estate trust company and performs construction, and may be, for example, a server of a construction company. The construction company server 100 may be a terminal device having a central processing unit and a memory device, such as a PC, tablet PC, or smart phone.

The construction company server 100 may have a database (not shown). The database may store subcontract information (a) concluded between the developer and the constructor. Here, the contract information (a) may include the name of the construction, the construction site signed by the constructor with the implementer, the construction period, the construction amount, and information on the implementer and real estate trust company.

The construction company server 100 may transmit the subcontract contract information (a) to the bond trust company server 300 below.

Bond trust company server (300)

The bond trust company server 300 is a server of a company specializing in trust for various rights, and may be, for example, a server of a bond trust company. The bond trust company server 300 may be a terminal device having a central processing unit and a memory device, such as a PC, tablet PC, or smart phone.

The construction company server 100 and the bond trust company server 300 may be connected through wired or wireless communication.

The bond trust company server 300 may include a communication unit 301, a database 302, and a bond trust contract conclusion unit 303.

The bond trust contract conclusion unit 303 may control the communication unit 301 to receive the contract information (a) from the construction company server 100 .

When part of the subcontract contract information (a) is missing, the bond trust contract conclusion unit 303 may request the missing information from the construction company server 100 through the communication unit 301. For example, if information on the construction site is missing, the bond trust contract conclusion unit 303 may request the construction company server 100 to input information on the construction site.

The bond trust contract conclusion unit 303 of the bond trust company server 300 may store the bond trust contract information (b) in the database 302 when it is determined that all subcontract contract information (a) has been normally input.

Here, the bond trust contract information (b) may include consignor, trustee, beneficiary, and subcontract information (a). For example, the consignor is a construction company, the trustee is a bond trust company, and the beneficiary may be a real estate trust company.

Real estate trust company server (200)

The real estate trust company server 200 may be a server of a company that operates a real estate development business. For example, it may be a server of a real estate trust company that inherits rights and obligations under a construction contract from a developer. The real estate trust company server 200 is a terminal device having a central processing unit and a memory device, such as a PC, tablet PC, or smart phone.

The real estate trust company server 200 can access the bond trust company server 300 through wired or wireless communication.

The real estate trust company server 200 accesses the bond trust company server 300 to inquire the subcontract contract information (a), and when it is determined that all of the subcontract contract information (a) has been normally entered, the bond trust company server 300 The approval status can be recorded in the database 302 .

Warranty server (400)

The guarantee server 400 may be a server of a guarantee company that guarantees the payment of guarantee obligations instead when a company or construction company that has issued a guarantee certificate fails to properly fulfill the guarantee obligations due to insolvency.

The guarantee server 400 may include a communication unit 401, a database 402, and a responsible completion guarantee review unit 403.

The communication unit 401 may connect to the construction company server 100 and the following evaluation server 500 through wired/wireless communication under the control of the responsible completion assurance examination unit 403 .

Application for Issuance of Responsible Completion Guarantee

The construction company server 100 may request an application for issuance of a responsible completion guarantee certificate to the guarantee server 400 .

The responsible completion guarantee examination unit 403 may receive subcontract information (a) from the construction company server 100 and store the subcontract information (a) in the database 402 .

In addition, the responsible completion guarantee examination unit 403 may connect to the bond trust company server 300 and determine whether the subcontract information (a) is input.

When the responsible completion guarantee review unit 403 confirms that the subcontract contract information (a) is equally entered into the bond trust company server 300, the subcontract liability completion guarantee information (c) can be stored in the database 402.

The contract responsibility completion guarantee information (c) may include contract information (a), guarantee debtor, and guarantee creditor information, where the guarantee debtor may be a construction company and the guarantee creditor may be a real estate trust company.

The responsible completion guarantee examination unit 403 controls the communication unit 401 to send a message saying “the application for issuance of the responsible completion guarantee has been completed” and the contractual completion guarantee information (c) to the construction company server 100 and the real estate trust company server 200 ) And / or can be transmitted to the bond trust company server (300). The transmission method may include at least one of a mobile application, e-mail, SMS, or web.

In case of warranty accident

Referring to FIG. 4 , a case in which a guarantee accident occurs will be described. Here, a guarantee accident refers to a case where the constructor fails to complete the construction work specified in subcontract contract information (a) within the contract period, that is, fails to fulfill its responsibility for completion, excluding force majeure such as natural disasters.

When a guarantee accident occurs, the real estate trust company server 200 may request payment of a deposit by transmitting contract responsibility completion guarantee information (c) to the guarantee server 400 .

The guarantee server 400 may further include a deposit payment review unit 404 .

The guarantee payment examination unit 404 may transmit subcontract information (a) or subcontract responsibility completion guarantee information (c) to the appraisal server 500 .

The appraisal server 500 is an appraisal company that appraises and evaluates the economic value of construction payment receivables or rights other than ownership or ownership of movable or real estate as monetary receivables, construction cost, construction price, completion or completion rate, and economic value such as rent. may be a server of

The guarantee server 400 and the evaluation server 500 may be connected through wired or wireless communication.

The appraisal server 500 may include an appraiser database (not shown) specializing in appraisal.

The appraisal server 500 may query an appraiser database (not shown) and transmit the subcontract contract information (a) or subcontract responsibility completion guarantee information (c) to an appraiser terminal (not shown).

The appraiser terminal may transmit evaluation result information (h) including an evaluation result report to the evaluation server 500 .

The evaluation server 500 may transmit the evaluation result information (h) to the guarantee server 400 .

If the guarantee server 400 determines that the appraisal result information (h) is valid, it can remit the deposit for which payment examination has been completed to an account designated by the real estate trust company server 200 based on the appraisal result report.

Subcontract Payment Receivables Trust

So far, the process of entrusting the contract payment claim, which is the claim right of the contractor to the developer, to the bond trust company and issuing the responsible completion guarantee certificate has been explained. The present invention is equally applicable to the case of entrusting to a trust company.

Here, the subcontractor is a subcontractor of the construction company, and refers to a company that concludes a subcontract with the subcontractor and performs subcontracting work.

Referring to FIG. 2, the subcontractor server 600 transmits subcontract contract information (d) to the bond trust company server 300, and the construction company server 100 connects to the bond trust server 300 and contracts the subcontract receivables. When the information (d) is inquired and it is determined that all of the subcontract receivable contract information (d) has been normally input, the approval status can be recorded in the database 302 of the bond trust company server 300.

The present invention has the following effects.

By entrusting the contract payment claim, which is the contract payment claim right that the constructor has against the developer, to the trust company, the contractor embezzles or misappropriates the contract payment, provisional seizure of the contract payment claim by the constructor's creditor, bankruptcy, rehabilitation, or bankruptcy of the constructor. Even if the subcontracted construction is completed, the construction company or real estate trust company can stably make direct payments to subcontractors, etc.

Similarly, if subcontract receivables, which are subcontract receivables that a subcontractor has against a construction company, are entrusted to a trust company, the subcontractor embezzles or misappropriates subcontract payments, or provisional seizure of subcontract receivables by creditors of the subcontractor, subcontractor's Even in the event of bankruptcy, rehabilitation, bankruptcy, etc., the contractor can stably make direct payments to the subcontractor's workers, so subcontracted construction can be completed smoothly without interruption.

In the end, the construction cost of subcontracting payment and subcontracting payment is usually procured by the developer or real estate trust company through project financing from the financial institution. Although this is an impossible situation, according to the present invention, financial institutions or implementers can stably manage construction costs through a construction payment receivable trust.

Value-added tax refund bond trust

The implementing company server (not shown) may access the bond trust company server 300 and store value-added tax refund bond information f. Here, the value-added tax refund claim information (f) may include contract information (a).

The bond trust company server 300 may notify the value-added tax refund bond information (f) to the National Tax Service server (not shown). The National Tax Service server may notify the bond trust company server 300 when a value-added tax refund is generated based on the value-added tax refund bond information (f).

The present invention has the following effects.

Embezzlement without spending the value-added tax refund on expenses for the purpose of carrying out the project after the developer issues a purchase tax invoice to the constructor to pay the construction price, and after receiving the VAT refund claim that the developer has against the National Tax Service, it is deposited into the account of the developer In the event of misappropriation, provisional seizure of bonds by the creditors of the implementer, bankruptcy, rehabilitation, bankruptcy, etc. of the implementer, business may be hindered.

In addition, the value-added tax refund bond is transferred to the real estate trust company to prevent the developer from embezzlement or misappropriation of the value-added tax refund, and the value-added tax refund is received from the National Tax Service in the account in the name of the real estate trust company, and the real estate trust company spends the project expenses in the account in the name of the real estate trust company. However, if the implementer proceeds with procedures such as intentional rehabilitation or bankruptcy, the transfer of the value-added tax refund claim cannot take precedence over the rehabilitation or bankruptcy of the implementer, so the value-added tax refund It happens that the money cannot be deposited into the account under the name of this real estate trust company.

Accordingly, the real estate trust company responsible for stably managing the project changes the value-added tax refund claim, which cannot be prioritized in procedures such as intentional rehabilitation and bankruptcy of the developer, to a value-added tax refund claim trust method rather than a transfer method, so that the value-added tax refund is transferred to the bond trust company. You can receive deposits in your name and manage your business finances stably.

Trust Proceeds Bonds Trust

The implementation company server (not shown) may access the bond trust company server 300 and store trust proceeds claim information (g). Here, trust proceeds receivable information (g) may include subcontract information (a).

The bond trust company server 300 may notify the real estate trust company server 200 of the trust proceeds claim information (g). The real estate trust company server 200 may notify the bond trust company server 300 when trust proceeds are generated based on the trust proceeds claim information (g).

The present invention has the following effects.

In a real estate development project, an insolvent developer obtains a loan from a financial institution through credit, joint guarantee, or responsibility for completion of the construction company to raise business funds. In cases where the real estate trust company or construction company does not pay taxes and public dues, such as development charges and transportation facility charges, which are deliberately applied for rehabilitation or bankruptcy of the developer, the real estate trust company or construction company may suffer losses.

In order for the implementer to pay the tax and dues to be borne after the completion of the construction, the trust proceeds claim held by the implementor to the real estate trust company are entrusted to the bond trust company, so that the tax and dues to be borne by the implementor are normally paid. This does not lead to a stable completion of the project.

Although the foregoing embodiments have been described with respect to the most preferred examples of the present invention, it is not limited to only the above embodiments, and it is clear to those skilled in the art that various modifications are possible without departing from the technical spirit of the present invention.

100: construction company server
200: Real estate trust company server
300: Bond trust company server
400: guarantee server
500: appraisal server
600: subcontractor server
a: Contract information
b: bond trust contract information
c: Responsible completion guarantee information
d: subcontract information
f: VAT refund claim information
g: Trust proceeds receivable information
h: appraisal result information

Claims (7)

In the construction work responsibility completion guarantee system,
Step of the guarantee server receiving the contract information from the construction company server and storing the contract information;
determining whether the subcontract contract information is entered by the guarantee server accessing the bond trust company server;
When the guarantee server confirms that the subcontract contract information is equally entered in the creditor trust company server, the construction responsibility completion guarantee system comprising the step of storing subcontract responsibility completion guarantee information in a database.
According to claim 1,
The contract responsibility completion guarantee information includes the contract information, guarantee debtor, and guarantee creditor information, including that the guarantee debtor is a construction company and the guarantee creditor is a real estate trust company.
According to claim 1 or 2,
The creditor trust company server further stores value-added tax refund claim information, and the creditor trust company server notifies the value-added tax refund claim information to the National Tax Service server.
According to claim 1 or 2,
The bond trust company server further stores trust proceeds claim information, and the bond trust company server notifies the trust proceeds claim information to the real estate trust company server.
According to claim 4,
The real estate trust company server requests a deposit payment from the guarantee server when a guarantee accident occurs, a construction work responsible completion guarantee system.
In the construction work responsibility completion guarantee method,
Step of the guarantee server receiving the contract information from the construction company server and storing the contract information;
determining whether the subcontract contract information is entered by the guarantee server accessing the bond trust company server;
When the guarantee server confirms that the subcontract contract information is equally entered in the creditor trust company server, the construction responsibility completion method comprising the step of storing subcontract responsibility completion guarantee information in a database.
According to claim 6,
The contract responsibility completion guarantee information includes the contract information, guarantee debtor, and guarantee creditor information, including that the guarantee debtor is a constructor and the guarantee creditor is a real estate trust company.

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