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(영문) 서울고등법원 2016.12.09 2015나2067930

공사대금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Plaintiff is an individual entrepreneur who operates a window-hosing and steel construction business with the trade name of “J”, and the Defendant is a corporation with the purpose of interior construction business, etc.

B. On October 8, 2013, the Plaintiff concluded a contract with the Defendant for the construction period of metal works, among the three-story interior works, from October 8, 2013 to March 31, 2014; and the construction cost of KRW 638,00,000 (including value-added tax; hereinafter the same shall apply); and (2) around December 201, 2013, the Plaintiff was awarded a subcontract for the construction period of the C-sufficient Corning and newly installed marciscing works from December 111, 2013 to January 31, 2014, with the construction cost of KRW 24,200,000.

(hereinafter referred to as "the instant construction project" and "the instant subcontract" in combination with the two construction works and the instant subcontract.

The instant subcontract refers to the condition that the Plaintiff, a subcontractor, etc. pay the relevant subcontract price when he/she receives progress payment from the ordering person according to the construction process once a month without advance payment for the payment of the contract price.

The Defendant paid 283,745,000 won in total from January 13, 2014 to March 17, 2014.

On the other hand, from February 2014, the Plaintiff delayed payment of wages to workers at the construction site of this case. Accordingly, on April 18, 2014, the Plaintiff agreed with the Plaintiff and the employees’ representatives to pay all wages to workers related to the construction project of this case directly (hereinafter “instant direct payment agreement”), and the Plaintiff discontinued construction work at that time and completed the construction site.

E. When the progress of the instant construction project was delayed, the Defendant, from March 2014, before the Plaintiff discontinued the construction project, additionally constructed construction works as a direct management in addition to construction works performed by the Plaintiff.