beta
(영문) 전주지방법원 2018.07.06 2017가단2122

공사대금

Text

1. The Defendant’s KRW 27,990,00 for the Plaintiff and 6% per annum from November 14, 2015 to February 16, 2017.

Reasons

1. Basic facts

A. The Defendant was awarded a contract with a limited liability company (hereinafter “third party”) for the construction of business facilities 854-2 (hereinafter “instant construction”) in the military city transportation dong 854-2 (hereinafter “instant construction”).

B. On October 15, 2014, the Plaintiff was awarded a subcontract with the Defendant for the instant construction work as KRW 88,000,000 (including surtax).

C. On October 15, 2014, the Plaintiff, the Defendant, and the profits from the Defendant agreed to pay the Plaintiff the subcontract price that the Defendant is obligated to pay to the Plaintiff, under 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, and Article 4 of the Enforcement Decree of the same Act (hereinafter “instant direct payment agreement”). D.

The Plaintiff filed a lawsuit against Jeonju District Court 2017Kadan15784 seeking the payment of the construction cost of the instant glass construction in accordance with the instant direct payment agreement, as well as the delayed payment damages therefor.

E. On August 9, 2017, the Plaintiff and Samsan agreed to the following purport. Accordingly, the Plaintiff received KRW 30,000,000 from the same day and voluntarily withdrawn the claim for construction price.

1) The Plaintiff and Sam-ju agreed on KRW 30,00,000 as to the amount of direct non-acceptance of the instant glass project, and the remaining claim is waived. 2) If Sam-ju transfers the said agreed amount to a financial institution designated by the Plaintiff, the Plaintiff immediately withdraws the legal measures that occurred between the Plaintiff and the Plaintiff (the Jeonju District Court 2017Kadan765, Real Estate Provisional Seizure, and the Jeonju District Court 2017Kadan15784).

3) The Plaintiff’s Chuncheon Land Co., Ltd. (referring to the Defendant in this case)

(2) In the event of receipt of the construction cost from the Plaintiff, the Plaintiff shall pay the construction cost except for the construction cost to be paid from Chuncheon Land Co., Ltd.