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(영문) 부산지방법원 2019.06.12 2017가합48464

공사대금

Text

1. The Defendant shall pay to the Plaintiff KRW 4,637,630 and the interest rate of KRW 15.5% per annum from August 30, 2015 to the date of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that conducts the aesthetic field, waterproof and lighting construction business, and the Defendant is a company that conducts civil engineering and construction business.

B. On January 9, 2013, the Plaintiff: (a) was awarded a subcontract with the Defendant for the US, steering, and other works (hereinafter “C”) among the construction works for the new construction of the apartment complex Dawon-gu Seoul Namdong-gu Seoul, Seoul, for the following terms and conditions as a contract special condition; (b) the US, steering, and other works (hereinafter “F works”) among the construction works for the new construction of the F Housing Redevelopment apartment unit in Seodaemun-gu Seoul, Seodaemun-gu, Seoul on October 31, 2013; and (c) the US, lighting, and other works among the construction works for the new construction of the H apartment unit in Mapo-gu Seoul, Mapo-gu, Seoul, on February 21, 2014 (hereinafter “G construction”); and (d) each of the above construction works was awarded a subcontract for each of the instant construction works (hereinafter “each of the instant construction works”).

(2) In the event that the Plaintiff’s employee was not paid wages due to a reason not attributable to the Defendant, or the Plaintiff’s employee’s demand for wages was made, each of the above subcontracting agreements referred to in the Section C and Article 6 (Payment of Overdue Wages) of the F. The Defendant may refuse to pay the unpaid wages to the Plaintiff and directly pay the Plaintiff’s wages to the Plaintiff’s employee.

G Construction Works Article 4 (Direct Payment of Contract Price) If any of the following causes arises to the Plaintiff, and the Plaintiff owes a debt to a third party, such as a labor holder, etc. in connection with the performance of the subcontract, the Defendant shall pay the Plaintiff’s directly to the Plaintiff’s creditors with the unpaid subcontract price equivalent to the claim

② The Plaintiff delayed the payment of wages, etc. of workers in connection with the performance of this subcontract agreement without paying them on the fixed date for payment. (4) The Plaintiff requested or consented in writing to the Defendant to pay the unpaid subcontract price directly to the creditors.

The Plaintiff’s instant case around July 2015.