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(영문) 대구지방법원서부지원 2017.08.09 2016가단5287

공사대금

Text

1. The Defendants jointly share KRW 23,800,000 and interest rate of KRW 15% per annum from March 17, 2016 to the date of full payment.

Reasons

1. Basic facts

A. On March 23, 2015, the Defendants concluded a contract for the construction of the F Hospital building (hereinafter “instant building”) on the land outside Daegu-gu E and one parcel with the construction cost of 2.2 billion won, the construction period from March 23, 2015 to September 30, 2015, and the Plaintiff was subcontracted for KRW 189,585,000 for the construction cost of the said new building among the construction of the said new building from our land on April 1, 2015.

B. Meanwhile, around that time, the Plaintiff received a contract with the Defendants for the construction cost of KRW 250,000,000 (198,000,000 won for the original construction cost) for the construction work of the instant building, which was directly executed by the Defendants, from April 1, 2015 to September 30, 2015. At the request of the Defendants, the Plaintiff issued an additional construction work for the said building KRW 1,710,500 for the construction cost of KRW 3 and the four stories for the construction work of the instant building.

C. On April 2015, the Plaintiff entered into a direct payment agreement with the Defendants and the Republic of Korea on the part of the subcontracted machinery and equipment works, as described in the above paragraph (a), as follows:

(hereinafter “instant direct payment agreement”) . (1) The subcontract price based on the subcontract between the Plaintiff and Korea shall be paid directly to the Plaintiff, the subcontractor, in accordance with Article 14 of the Fair Transactions in Subcontracting Act, Article 4 of the Enforcement Decree of the same Act, Article 35 of the Framework Act on the Construction Industry, and Article 29 of the Enforcement Rule of the same Act. (2) In the event of a preliminary examination and completion inspection, the Plaintiff’s application for the division of the details of the parts executed by the Plaintiff and the claim for the separate payment of the subcontract price should be made in principle. In extenuating circumstances, our case, the contractor, may file a blanket application

3. The defendants' obligation to pay the price for our case and the subcontract price for the plaintiff in Korea.