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(영문) 서울서부지방법원 2013.10.07 2012가단57180

공사대금

Text

1. The plaintiff's claim of this case is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendants and nine co-owners of the Eunpyeong-gu Seoul Metropolitan Government G Large 694.2m2m2, including the Defendants, intend to newly construct an apartment in which 20 households can reside on the ground of the said land by entirely investing their co-ownership shares, and Defendant B, one of the said co-owners, elected Defendant B as the head of the partnership, and entered into a contract for the construction work with the friendly General Construction Co., Ltd. (hereinafter “Nonindicted Company”) on December 3, 2010.

(hereinafter referred to as the “new construction of the instant apartment”). (b)

On July 18, 201, the Plaintiff, engaged in the mechanical facility business, etc., completed the construction by being subcontracted for the installation work of the instant apartment construction project from the non-party company, and was not paid the construction cost of KRW 72,950,000 from the non-party company.

C. On August 4, 2012, the Plaintiff failed to pay the subcontract price from the non-party company, and thus, sought a direct payment agreement from the non-party company and the president of the partnership, Defendant B, and eight other parties, but only the non-party company’s signature and seal could be received.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 3

2. The assertion and judgment

A. The gist of the cause of the Plaintiff’s claim asserts that the Defendants, a joint contractor, should pay the construction cost directly to the Plaintiff, on the basis of the Fair Transactions in Subcontracting Act, because the Plaintiff did not pay the subcontract price in the non-party company even after completion of the subcontracted construction work from the non-party company.

B. As to whether the Defendants are directly liable to pay the subcontract consideration under the Fair Transactions in Subcontracting Act, which is the provision on the direct payment of subcontract consideration, the principal contractor may pay the subcontract consideration by ① the suspension of payment by the principal contractor, bankruptcy, other similar causes, or cancellation of permission, authorization, license, registration, etc. on business.