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(영문) 서울고등법원 2017.04.13 2016나2066309

공사대금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court's explanation concerning this case is the third-party reasoning of the judgment of the court of first instance.

The reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except the following cases:

[Supplementary Use]

3. Determination

A. First of all, determination on direct payment under the Plaintiff’s Subcontract Act and the Framework Act on the Construction Industry is as to whether the Plaintiff constitutes “contractor entrusted with manufacture” as prescribed by the Subcontract Act or “production supplier” as prescribed by the Framework Act on the Construction Industry. On July 22, 2014, the construction of infant was ordered by the Plaintiff on July 2, 2014, and the Plaintiff’s supply of the instant goods equivalent to KRW 225,092,120 to infant construction in accordance with the above order is recognized as above. Moreover, Article 2 subparag. 4 of the Framework Act on the Construction Industry provides, “Construction Work” means construction work, construction work, industrial installation, landscaping work, environmental installation work, and other construction work regardless of its name (including site preparation work for the installation of facilities), installation and dismantling of machinery and equipment, and construction work of the instant nuclear power plant.”

Meanwhile, Article 2(6) of the Subcontract Act provides that “The term “entrustment with the manufacture” in this Act refers to the entrustment by a business operator who engages in the manufacturing of goods, the sale of goods, the repair and construction of goods, to another business operator.”

The term "manufacture" means the manufacture of a product by processing a raw material.

Article 27-4 of the Enforcement Rule of the Framework Act on the Construction Industry shall also apply to a person who manufactures and supplies parts for construction works under Article 32 (4) of the Act.