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(영문) 서울고등법원 2018.11.09 2018나2031383

공사대금

Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 12,242,761 as well as to the plaintiff on July 2014.

Reasons

Basic Facts

The Defendant entered into a contract with B Co., Ltd. (hereinafter “B”) and C on the condition that two sections of SeoulD and E block apartment construction work (hereinafter “instant prime contract”) will be awarded for KRW 69,694,466,000 for the construction cost.

On August 16, 2012, between B and B, the Plaintiff entered into a subcontract with the content that the interior decoration and wood hold works during the instant prime contract (hereinafter “instant subcontracted works”) will pay KRW 3,150,000 for the construction cost (hereinafter “instant subcontract”).

The subcontract of this case was concluded based on the detailed name, standard, unit, and the detailed statement of subcontract (Evidence No. 3) that specifically states the contract amount by individual construction work, and the main contents are as follows.

Standard Subcontract Agreement for Construction Works

1. The project owner: The name of the original contract for the defendant: two tools for the construction of the SeoulD and E block apartment;

2. The name of the subcontracted project: The project for interior decoration and timber hold;

3. Place of construction: Seocho-gu Seoul Metropolitan Government Fund.

4. Period of construction: 3,150,000,000 won on October 5, 2013, completion of August 6, 2012;

6. Payment of the price;

(a) Within 15 days after the conclusion of the contract (1) the content and proportion of (2) the date received from the ordering person or within 15 days after the date of the contract;

(b) Method of payment (3) within 60 days from the date of receipt of the object: the ordering authority

C. The Plaintiff requested the Defendant to make a direct payment of the instant subcontract price on January 15, 2013, within 30 days from the date of the adjustment and payment (1) in accordance with the content and proportion of the adjustment within 30 days from the date of the amendment of the design, the economic situation change, etc.

On May 24, 2013, the Plaintiff entered into a direct payment agreement with Defendant and B (hereinafter “instant agreement”) with the following terms and conditions, and the agreement pertaining thereto is called “instant direct payment agreement.”