공사대금
1. The judgment of the court of first instance is modified as follows.
The defendant shall pay to the plaintiff KRW 784,434,818 as well as to the plaintiff on December 2016.
The court's explanation of this case is identical to the remaining part of the reasoning of the judgment of the court of first instance, except where the part of the reasoning of the judgment of the court of first instance is dismissed or added as follows. Thus, it is acceptable to accept this case as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
Of the grounds of the judgment of the first instance, the details of the 4th to 11th is as follows.
B. In the event that the contractor, the original contractor, and the subcontractor enter into a contract for construction work and the subcontract together with the judgment on the direct claim for the subcontract price, and the subcontractor enter into an agreement with the subcontractor, “the price for construction work shall be paid directly by the subcontractor, and the original contractor shall not be paid to the original contractor,” regardless of whether the construction work under the above contract and the subcontract have been actually executed or completed, the intent of the parties is to transfer the subcontractor’s claim for the construction work price to the subcontractor himself and the original contractor shall not claim the construction price. If the intent of the parties is to transfer the subcontractor’s claim for the construction work price to the subcontractor and
In such a case, unless the contractee's consent on the above assignment of claims is made by the contractee's certificate with the fixed date, the contractee cannot set up against the execution creditor on the above contract price claim of the original contractor due to the above assignment of claims and the repayment of the obligation
On the other hand, the order of seizure is issued if the intention of the parties is that the subcontractor shall pay the work price directly to the subcontractor and the principal contractor shall not pay the work price within the scope of the actual execution or completion of the construction work based on the subcontract.