물품대금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts may be found either in dispute between the parties or in the evidence Nos. 4 and 5 (including each number; hereinafter the same shall apply) of the parties, or in part of the witness C’s testimony, by taking into account the overall purport of the pleadings:
On January 28, 2011, D Co., Ltd. (hereinafter referred to as “D”) determined and awarded a contract for the geothermal Corporation (hereinafter referred to as “instant Corporation”) from the Defendant to July 20, 201, from December 27, 2010 to July 20, 201, for the construction period, from December 27, 2010 to July 20, 201; and the construction cost of KRW 217,176,650 (including value-added tax; hereinafter the same shall apply) during the two-year continuous construction period.
B. Of the general conditions and special conditions of the construction contract of the instant construction project, the parts relating to the instant case are as follows.
[General Conditions of Contract for Construction] Article 6 (Transfer of Claim) (1) The other party to the contract may transfer to a third party the bonds arising from this contract.
(2) Where necessary for the proper execution of construction works, etc. with respect to the assignment of claims under the provisions of paragraph (1), a contracting officer may set and operate special agreements restricting the transfer of claims
(1) Where the other party to a contract falls under any of the following subparagraphs, a contracting officer shall directly pay to a subcontractor an amount equivalent to the portion executed by a subcontractor out of a subcontract concluded under the provisions of the related Acts and subordinate statutes, such as the Framework Act on the Construction Industry, etc., deeming that the other party to the contract has requested the payment of the price under the provisions of Articles 39
1. Where a judgment received by a subcontractor against the counter-party to the contract has been final and conclusive, ordering the payment of the subcontract consideration for the part that he/she performed;
2. Where the other party to a contract becomes unable to pay the subcontract price to the subcontractor due to bankruptcy, dishonor, business suspension, revocation of license, etc.;
3. The contents as provided in the Fair Transactions in Subcontracting Act or the Framework Act on the Construction Industry.