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(영문) 서울고등법원 2017.09.14 2016나2079657

공사대금

Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

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

Reasons

1. Basic facts

A. 1) The Defendant is a stock company B (hereinafter “B”) around March 2014, 2014.

(A) The “New Construction Corporation (A, B)” (hereinafter referred to as the “original Contract Corporation”) shall be deemed to be the principal Contract Corporation.

A) A contract for construction works was entered into between KRW 4.22 billion and the construction period from March 23, 2014 to October 31, 2014 (hereinafter “instant contract”).

(2) On April 10, 2014, B concluded a subcontract agreement with the Plaintiff regarding the construction work that stipulates the contract amount of KRW 5.6 million and the contract period from April 10, 2014 to November 30, 2014.

(hereinafter “instant subcontract”). (b)

On October 24, 2014, the Plaintiff, Defendant, and B agreed on the instant subcontract construction cost, etc. as follows:

(hereinafter “instant direct payment agreement”). In addition, B made a settlement agreement with the Defendant on October 24, 2014 regarding the instant prime contract, between the Defendant and the Defendant on the same day, to waive the remaining construction after October 24, 2014 and settle the contract amount at KRW 1.94 billion.3 million.

The construction cost of KRW 506,00,000,000,000 for the first contract amount of the subcontracted project in this case, which is the name of the original contract, shall be KRW 4,244,00,000 for the first contract amount of the subcontracted project in this case.

1.In the subcontract between the contractor (B) and the subcontractor (Plaintiff) under the above contract for construction work, the subcontract price shall be paid directly to the subcontractor pursuant to Article 35 of the Framework Act on the Construction Industry, Article 29 of the Enforcement Rule, Article 14 of the Fair Transactions in Subcontracting Act and Article 4 of the Enforcement Decree of the same Act

2. Method and procedure of the direct payment of the subcontract price - The request for the payment of the subcontract price shall be made by classifying the details of the portion executed by the subcontractor at the time of the initial examination and completion inspection.