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(영문) 수원지방법원 2015.04.09 2014가합7318

공사대금

Text

The defendant's KRW 323,960,00 for the plaintiff and its 6% per annum from August 20, 2013 to February 10, 2014.

Reasons

Basic Facts

A. The Plaintiff is a company running the steel goods construction business, and the Defendant is a person who runs the warehouse business, etc. in the trade name of “B”.

B. On June 5, 2012, the Defendant entered into a contract with C Co., Ltd (Representative D; hereinafter “C”) and B B physical distribution center (hereinafter “instant prime contract”) on the construction cost of KRW 5.61 billion, and the completion date of the construction work on November 30, 2012 (amended by November 12, 2012).

C. On November 20, 2012, the Plaintiff concluded a contract with C to accept the PEB project (hereinafter “instant construction”) among the instant prime contract works.

Period: Payment of the price of KRW 335,50,00 (including value-added tax) in advance on November 25, 2012, and on February 15, 2013: 20% (within 15 days after the contract is completed), 40% after the completion of carrying in of materials, and 40% of the remaining amount shall be made within 15 days after the completion of construction.

D. C did not pay the construction price to the Plaintiff thereafter, and the Plaintiff did not perform the instant construction work any longer, and the Defendant, who wished to perform the instant construction work, agreed on February 15, 2013, to pay the Plaintiff and the subcontract price directly with C and the Plaintiff:

(hereinafter “instant direct payment agreement”. The Defendant agrees to directly pay the subcontract price under the instant construction contract to the Plaintiff 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. The method and procedure for direct payment of the subcontract price: The method and procedure for direct payment of the subcontract price shall be calculated by classifying the details of the part executed by the Plaintiff at the time of the inspection and completion inspection, and the claim for payment of the subcontract price shall be made separately

E. The Plaintiff and C, May 30, 2013, and July 30, 2013, respectively.