물품대금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Defendant ordered C (hereinafter “C”) to undertake the construction of the construction of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building, and the Plaintiff supplied C with 146,575,315
C repaid KRW 61,248,596 out of the material price to the Plaintiff. Accordingly, the Plaintiff filed an application with C for a payment order claiming payment of KRW 85,326,719 from the remainder of the material price, and received payment order from the Cheongju District Court 2018 tea162. Accordingly, on August 21, 2018, Cheongju District Court 2018, issued a claim seizure and collection order with KRW 8,627,325 with the Cheongju District Court 2017, and received dividends of KRW 8,627,325.
C is closed on October 31, 2018, and there is no means to pay the debt at present.
[Grounds for recognition] Evidence Nos. 1 through 7, the purport of the whole pleadings
2. The parties' assertion
A. Plaintiff 1) The Fair Transactions in Subcontracting Act (Direct Claim for Subcontract) (hereinafter “subcontract Act”) provides for the following:
(2) Pursuant to Article 14, the Plaintiff directly sought payment of the above material price of KRW 76,69,395 (i.e., KRW 85,326,720 - KRW 8,627,325) to the Defendant, the ordering person, pursuant to Article 14 (i.e., KRW 76,69,395). (ii) The Plaintiff has the price of supply of KRW 76,69,395 to C; and (iii) the Plaintiff does not exercise his/her right to claim the construction price against the Defendant; thus, C, as a creditor of C, seeks payment of the construction price equivalent to KRW
B. Defendant 1) The Plaintiff is merely a person who sells goods to C, and is not subject to Article 14 of the Subcontract Act. 2) The Defendant paid the construction price to C in full.
Even if some of the unpaid portion is not paid, C shall exercise its right to defense of simultaneous performance with the security deposit for defects.
3. Determination
A. Article 14(1) of the Subcontract Act with respect to the primary claim is subject to the cancellation of the suspension of payment by the principal contractor, the bankruptcy or other similar causes, or the permission, authorization, license, registration, etc. for the business.