물품대금
1. The plaintiff (appointed)'s claim is dismissed.
2. The costs of lawsuit shall be borne by the plaintiff (appointed party).
1. Basic facts
A. On November 14, 2016, the Defendant (former D Co., Ltd.) was awarded a contract for construction work for the construction work of the headquarters building of the non-party company (hereinafter “instant construction work”) on the two lots of land outside Seo-gu, Seoan-gu, Seoan-gu, and Seoan-gu, Seoan-gu, Seoul (hereinafter “the representative director is F.) for KRW 1.7 billion for the cost of construction.
(hereinafter “instant contract”). (b)
The Plaintiff (Appointed Party) and the Appointed C (hereinafter “Plaintiffs”) accepted part of the instant subcontract from the Defendant (hereinafter “instant subcontract”), and upon the execution of the said subcontracted project, there was a claim for the subcontract price of KRW 150,500,000,000 (hereinafter “instant subcontract price”).
C. On April 10, 2017, the non-party company and the Defendant directly paid to the Plaintiffs KRW 150,5050,000 of the instant subcontract price to the designated party C by February 27, 2018, and the Defendant without objection written a direct payment confirmation (a evidence No. 1; hereinafter “the instant direct payment confirmation”).
On the same day, the Defendant is liable for the payment of the above subcontract price to the Plaintiffs by the non-party company until the non-party company pays in full the amount of KRW 150,50,000 for the subcontract price of this case notwithstanding the letter of direct payment of this case. The letter of direct payment of this case and the Fair Transactions in Subcontracting Act (hereinafter “subcontract Act”).
(1) The payment of the subcontract price is made within one month from the completion date of the instant construction, and the payment shall be made in addition to the interest of 20% per annum upon the expiration of this date. The payment confirmation (Evidence A 3, hereinafter referred to as the “instant payment confirmation”).
E. The building of the headquarters of the non-party company is completed on June 26, 2017.