공사대금
1. The Plaintiff:
A. Defendant Suwon-si: 103,672,182 won and 6% per annum from December 6, 2016 to March 8, 2018.
1. Facts of recognition;
A. On December 2015, the Defendant Suwon-si contracted the construction work for the construction work of the senior citizens’ welfare center on the 274-7 ground of Suwon-dong 274-7, Suwon-gu, Suwon-gu, Suwon-si, Seoul-si, Seoul-si, Seoul-si, Seoul-si, for the construction work for the senior citizens’ welfare center at KRW 3.4 billion.
After that, on August 1, 2016, Defendant Jeong Jong-dong subcontracted the construction cost of KRW 148,038,00 (including value-added tax) to the Plaintiff during the construction period from August 1, 2016 to November 30 of the same year (hereinafter “instant subcontract”). At that time, the agreement was reached between the Plaintiff and the Plaintiff (hereinafter “instant direct payment agreement”) under Article 14 of the Fair Transactions in Subcontracting Act and Article 35 of the Framework Act on the Construction Industry to pay the subcontract price directly to the Plaintiff, which is the owner of the instant subcontract price to the Plaintiff (hereinafter “instant direct payment agreement”).
B. According to the instant subcontract, the Plaintiff completed the construction of the steel framed from August 1, 2016 to November 4, 201 of the same year. From September 2016, when the Plaintiff performed the construction, the Plaintiff received a provisional attachment, seizure and assignment order, etc. against the claim for construction price against the Defendant, the third-party creditors of the Defendant Jeong Jong-sung, as indicated in the “the notification of the decision on provisional attachment, assignment order, etc.” from the date of September 2016 to the date of the Plaintiff’s construction, and served the order on the Defendant, the third-party obligor.
C. On December 5, 2016, Defendant Suwon-si paid 35,607,000 won to the Plaintiff, who is prohibited from seizure pursuant to Article 88 of the Framework Act on the Construction Industry.
[Ground of recognition] Gap evidence Nos. 3 through 5, Eul evidence Nos. 2 (including virtual number), the facts without dispute, the purport of the whole pleadings
2. Determination as to Defendant Suwon-si
A. The Fair Transactions in Subcontracting Act is enforced on March 29, 2016.