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(영문) 창원지방법원 2018.11.15 2018가합51082

공사대금

Text

1. The Defendant shall pay to the Plaintiff KRW 284,40,000 and the interest rate of KRW 15% per annum from March 17, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. On December 1, 2015, the Defendant: (a) concluded a contract with Eber Construction Co., Ltd. (hereinafter “Eber Construction”); and (b) Mayoung Comprehensive Construction Co., Ltd. (hereinafter “Mayoung Comprehensive Construction”); (c) on November 30, 2017, the date of completion of the construction of the new apartment on the ground of the 42-1 and 13 lots of land, Changwon-si, Masan-si, Changwon-si; and (d) KRW 1250,500,000 (excluding value-added tax).

(B) No. 2, hereinafter referred to as the “original contract”).

On July 20, 2016, the Plaintiff’s construction from the Ethical Construction and the Ethical Comprehensive Construction.

On November 30, 2017, the date of completion of the construction of new apartments (including the value-added tax) and awarded a subcontract with the price of KRW 695 million (including the value-added tax).

(A) No. 1, 2 (hereinafter referred to as "subcontract"). (c)

As of July 20, 2016, the Plaintiff, the Defendant, and the Domin General Construction, drafted a subcontract payment agreement with respect to the original contract and the subcontract as follows:

(A) 1. Agreement to pay directly to the subcontractor the subcontract between the contractor and the subcontractor under the above construction contract pursuant to Article 35 of the Framework Act on the Construction Industry, Article 29 of the Enforcement Rule of the same Act, Article 14 of the Fair Transactions in Subcontracting Act, and Article 4 of the Enforcement Decree of the same Act.

2. In principle, an application is filed by classifying the method and procedure of direct payment of the subcontract price and the details of the work performed by the subcontractor at the time of the completion inspection and the request for the payment of the subcontract price shall be made separately. In extenuating circumstances, a contractor may make a lump sum application and request from the subcontractor, but the subcontract price shall be paid directly to the subcontractor, in light of the statement of 1-1 of the evidence No. 281031-55-00781 A4 (Transaction Results) of the subcontractor, the subcontractor appears to be “82103-500781”.

Plaintiff

The deposit account - The obligation to pay the price to the contractor and the obligation to pay the price to the subcontractor by the contractor shall be in accordance with Article 14 of the Fair Transactions in Subcontracting Act.