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(영문) 광주지방법원 2020.10.29 2019가합58501

공사대금

Text

1. The defendant shall be KRW 100,000,000 to the plaintiff corporation, and KRW 43,000,000 to the plaintiff corporation, and the plaintiff corporation.

Reasons

A. The direct payment agreement of this case

1. In a subcontract agreement between a contractor (F; hereinafter the same shall apply) and a subcontractor (referring to the plaintiff; hereinafter the same shall apply) under the original contract, the subcontract price is to be stated in 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 (hereinafter “subcontract”) and Article 4 of the Enforcement Decree of the same Act as “Article 9” is deemed to be erroneous in the number of provisions before the wholly amended by Presidential Decree No. 2297, Jul. 21, 2010.

I agree to pay directly to the subcontractor as agreed.

2. Method and conditions of the direct payment of the subcontract price - In principle, an application shall be filed by classifying the details of the portion that the subcontractor performed and a request for the separate payment of the subcontract price shall be filed by the subcontractor at the time of the final inspection and the completion inspection, and in extenuating circumstances, the contractor may file a lump sum application and

(w)* Deposit Account: 00 Banks (Account Number) - Obligations of the project owner for the payment of the price to the contractor and obligations of the contractor for the payment of the subcontract price to the subcontractor shall be deemed to be terminated within the extent of Article 14 of the Fair Transactions in Subordinate Contracts Act.

2) On November 15, 2018, the Defendant determined F’s unpaid construction cost of KRW 768,90,000, and the Defendant decided to pay the unpaid construction cost of KRW 391,980,000, out of the unpaid construction cost, to the Plaintiffs as stipulated in the instant direct payment agreement, and the remainder of the construction cost is to be paid as the following agreement (hereinafter “instant agreement”).

)After completion, a notary public has obtained a certification from Law Firm I (No. 2097, Ministry of Justice, 2018): An ordering agency: E (J Representative) (hereinafter referred to as “A”). The contractor shall be F Co., Ltd. (hereinafter referred to as “B”). The commercial building “A” and “B” shall be the H new construction corporation (location: Gwangju Metropolitan City mining area) concluded on July 4, 2017.