공사대금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is a person running construction machinery leasing and packing construction business under the trade name of “B”, and the Defendant is a company mainly engaged in civil engineering, construction business, packing business, etc., and was awarded a contract for the C Urban Development Project by the Yongsan Urban Corporation.
B. On June 2, 2014, the Defendant and Nonparty D Co., Ltd. (hereinafter “Nonindicted Company”) drafted an agreement on the performance of packing works (Evidence No. 3) between the Defendant and Nonparty D Co., Ltd. (hereinafter “instant construction works”) and the construction amount of KRW 1,094,00,000 (including value-added tax if the construction amount is stated; hereinafter “instant construction works”) and the construction period from June 2, 2014 to August 31, 2014; and the Defendant paid KRW 913,00,000,000 as the construction price to Nonparty Co., Ltd. from June 10, 2014 to July 18, 2014.
C. From October 2013 to October 2014, the Plaintiff, at the construction site of the instant case, performed a package work of the total construction cost of KRW 127,387,700.
From March 21, 2014 to July 18, 2014, Nonparty Company paid KRW 42,950,000 to the Plaintiff. Nonparty E Co., Ltd (hereinafter “E”) paid KRW 550,000 to the Plaintiff on November 4, 2014.
The Plaintiff did not receive construction cost from July 2014 to October 2014 for the instant construction site. On August 31, 2014, the Plaintiff issued a tax invoice of KRW 27,830,000 to Nonparty Company. On October 31, 2014, the Plaintiff issued a tax invoice of KRW 55,979,000 to E.
Meanwhile, as many companies that actually take charge of packing construction including the Plaintiff at the construction site of this case were unable to receive the payment of the construction cost from July 2014, the payment for the subcontract price is to be made to the non-party company on November 19, 2014, with the purport of refusing the direct payment of the subcontract price under Article 35(5) of the Framework Act on the Construction Industry.