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(영문) 수원지방법원 2015.04.03 2014나20940

물품대금

Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On February 23, 2012, the prime contract and subcontract construction company (hereinafter referred to as “building works”) contracted with the Defendant for the construction works for the extension of the New-gu University Village and Plant Resources Exhibition Center (hereinafter “instant construction”). On October 3, 2012, the construction works of reinforced concrete were subcontracted from the building works of this case among the instant construction works.

(hereinafter “instant subcontracted project”). (b)

(1) On February 1, 2013, the Plaintiff entered into a goods supply agreement with the subsidiary construction, and supplied construction materials (e.g., doping, etc.) in connection with the instant subcontracted construction, and supplied them to the subsidiary construction, and KRW 53,626,433 (hereinafter “instant goods purchase price claim”).

2) On July 25, 2013, the Plaintiff filed an application for a payment order for the payment of KRW 53,626,43 of the above goods price with the Suwon District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Office (hereinafter the above court ordered the Plaintiff to pay to the Plaintiff the amount calculated at the rate of 20% per annum per annum from the day after the original copy of the payment order was served to the day of full payment. The above payment order was finalized around that time.

C. On July 3, 2012, the Seoul Central District Court (2012 Gohap116) decided to commence the rehabilitation procedure for the construction of walls. On November 1, 2012, the rehabilitation plan was approved on July 3, 2012.2) The Defendant, the ordering person, agreed on January 7, 2013, to directly pay the subcontract price of the instant case to the subordinate construction (hereinafter “the instant direct payment agreement”), and the main contents thereof are as follows.

1.In the subcontract between the original contractor (construction) and the subcontractor (construction by subsidiary), the subcontract consideration shall be stipulated under Article 35 of the Framework Act on the Construction Industry, Article 29 of the Enforcement Rule of the same Act, and the fair subcontract transactions.