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(영문) 대구지방법원 2016.12.06 2016가단17542

공사대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 12, 2013, the Plaintiff entered into a subcontract (hereinafter referred to as the “instant subcontract”) with the Defendant’s Once the construction period for the installation works, among the construction works of the Gaban-gun A Urban Living Housing (Bdong) that the Defendant received from the Onnuri Plus Co., Ltd. (hereinafter “Nlus”) before the change of the Defendant into the Defendant (hereinafter “Defendant”), on December 12, 2013, the Plaintiff entered into a contract with the Defendant on December 12, 2013, on which December 12, 2013, starting the construction period for the construction works (hereinafter “instant construction works”). The construction amount shall be KRW 203,00,000,000.

B. Meanwhile, the Plaintiff, the Defendant, and the On the other hand, agreed that, under Article 35 of the Framework Act on the Construction Industry on December 12, 2013, Article 29 of the Enforcement Rule of the same Act, and Article 14 of the Fair Transactions in Subcontracting Act (amended by Act No. 12709, May 28, 2014; hereinafter “former Subcontract Act”), the Plaintiff, and the Onnuri Plus decided to directly pay the said subcontract consideration to the Plaintiff, and accordingly, the Defendant’s obligation to pay the subcontract consideration to the Plaintiff is extinguished within the said scope.

C. On April 25, 2014, under the above direct payment agreement, Onnuri Plus paid the Plaintiff KRW 100,000,000 as part of the said direct payment agreement, totaling KRW 30,000,000 on May 23, 2014, and KRW 50,000,000 on September 4, 2014.

(However, On the other hand, on the other hand, the remitter was transferred to the remitter by means of deposits without passbook).

On November 30, 2014, Spanplus prepared and issued a written confirmation (Evidence No. 1) to pay 52 million won of the subcontract price to the Plaintiff by December 20, 2014.

E. On March 4, 2015, the Plaintiff and Onnuri Plus shall determine the balance of the above subcontract price as KRW 120 million, and the amount of KRW 68 million out of which shall be paid in accord with Article 102-dong Building A (hereinafter “A Urban Residential Housing B” at the time of the instant subcontract) No. 203. However, the Plaintiff’s obligation to lend to the creditor North Korea Saemaul Bank, which secured the said house, is the creditor’s loan obligation.