공사대금등
1. The part against the defendant in the judgment of the first instance is revoked.
2. The plaintiff's claim against the defendant is dismissed.
3...
1. Basic facts
A. On December 30, 2015, the Defendant entered into a contract for the construction of a multi-family house C with the owner of a building.
B. The Plaintiff from January 14, 2016 to the above A.
The construction work among the construction works described in subsection (hereinafter “instant construction work”) was performed, and the Defendant filed a claim for construction payment by issuing each tax invoice of KRW 19,510,000 on March 29, 2016 and KRW 16,700,00 on April 27, 2016. The instant construction work was completed on May 30, 2016.
C. B, around August 11, 2016, along with the official letter stating that the Defendant is liable for the unpaid subcontract price, B sent the form of “direct payment of subcontract price (direct payment) agreement” as follows. Around August 19, 2016, the Defendant sent an official letter stating that he/she consented thereto, along with the official letter stating that he/she shall affix his/her seal impression on the said written consent.
(hereinafter referred to as “instant statement of direct payment”). The name of the construction project in direct payment (direct payment): The contractor for multi-household construction project (A): The subcontractor for multi-household construction project (B): the subcontractor for the Defendant:
1.In the subcontract between a contractor and a subcontractor under the above construction contract, the subcontract consideration shall be paid directly to the subcontractor only in accordance with Article 35 of the Framework Act on the Construction Industry, Article 29 of the Enforcement Rule, Article 14 of the Fair Transactions in Subcontracting Act and Article 9 of the Enforcement Decree of the same Act.
2. The contractor shall agree to the direct payment of the subcontract price in accordance with the request for cooperation of the contractor, and the progress of the construction work after the date of the written consent of the direct payment shall be directed directly to the subcontractor.
3. Subcontractors shall agree to settle the remaining amount of the construction cost, excluding the amount received before the time of direct payment, directly with the ordering person, according to the nature of the contract;
4. Gap, Eul, and Byung will not thereafter raise any objection in accordance with the agreement on the direct payment of the subcontract price as set out above.
The plaintiff is between B and September 29, 2016.