양수금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On October 16, 2015, the Defendant subcontracted the part of the civil works among the instant construction works to the Plaintiff, the construction period of which was fixed from October 19, 2015 to November 30 of the same year, and the contract amount of which was KRW 272,821,00,00, to the Plaintiff.
B. On October 27, 2015, the Plaintiff drafted a written agreement with the Nonparty Company and the Defendant with respect to the following terms and conditions:
(hereinafter referred to as “instant direct payment agreement”. A person ordering a direct payment agreement: Defendant contractor: The subcontractor of the non-party company: The Plaintiff
1. An agreement that the ordering person shall pay directly to the subcontractor the subcontract price corresponding to the portion executed by the subcontractor in the subcontract between the said contractor and the subcontractor pursuant to Article 35 (2) of the Framework Act on the Construction Industry;
2. A contractor shall apply for the classification of the details of the portion executed by the subcontractor at the time of a final inspection and a completion inspection, and request a request for the payment of subcontract consideration separately, and the project owner shall pay the subcontract consideration directly to the account of the subcontractor.
3. Where the contractor requests the suspension of the direct payment of the subcontract price concerned with documents proving the fact that the subcontractor delays in paying wages, materials costs, etc. for the subcontract in connection with the subcontract, the ordering person need not pay the subcontract price directly to the subcontractor under Article 35 (5) of the Framework Act on the Construction Industry
C. Around December 22, 2015, the non-party company transferred its assignment of claims and provisional seizure of claims, etc. (i) the contract price for the instant construction work against the Defendant to the non-party AB Partners Co., Ltd. (hereinafter “the contract price of the instant construction”).
Among them, 36,300,000 won claims are transferred and the above assignment of claims is made to the defendant.