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(영문) 서울중앙지방법원 2016.06.23 2015가합532592

공사대금

Text

1. As to the Plaintiff KRW 95,503,00 and KRW 11,00,00 among them, the Defendant shall pay to the Plaintiff KRW 81,50,000 from September 24, 2014.

Reasons

1. Basic facts

A. On May 2014, the Defendant was awarded a contract with the C Management Body (hereinafter “instant Management Body”) for the repair, reinforcement, and restoration work (hereinafter “instant construction work”) due to a fire in the building D located in Seongbuk-gu, Seongbuk-gu, Seoul Special Metropolitan City (hereinafter “instant building”).

B. Around that time, the Defendant entered into a contract with E (hereinafter “E”) under which the Defendant entered into a contract with E to subcontract the instant installation and fire fighting works (hereinafter “instant installation and fire fighting works”) with the construction period from May 27, 2014 to August 15, 2014, with the construction cost of KRW 451 million (including value-added tax of KRW 41 million).

C. 1) On May 20, 2014, the Plaintiff installation works for air-conditioning supply among the instant installation and fire-fighting works from E (hereinafter “first air-conditioning works”) between E and E.

(2) From May 20, 2014 to July 30, 2014, the construction cost is KRW 162,80,000 (including value-added tax 14.8 million), and the scope of construction (including trial run) are determined as “a specification” and the Plaintiff entered into a re-subcontract agreement with the Defendant and E on June 16, 2014. (2) The Plaintiff is called “a direct payment agreement” and “the first direct payment agreement” and “the first direct payment agreement”.

The details of the subcontract agreement are as follows. The contractor E subcontractor (supply of materials A) from May 1, 2014 to July 30, 2014 during the contract period, including the amount of surcharge of KRW 162,800,000,000 for the subcontract to the name of the construction project subject to the subcontract agreement.

1.In the subcontract between the above contractor and the subcontractor, I agree between the prime contractor, contractor and subcontractor that the prime contractor shall pay directly to the subcontractor the sub-contractor the sub-contractor in accordance with the provisions of Section 35(2) of the Framework Act on the Construction Industry;

2. Method and procedure of direct payment of the subcontract price - The contractor shall test the nature of the work.