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(영문) 인천지방법원 2017.02.16 2015가단236621

공사대금

Text

1. The plaintiff's claim of this case is dismissed.

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

Reasons

. The contract amount was set at KRW 38,294,613,00 of the contract amount, and the contract period was from January 6, 2014 to September 6, 2016.

2) As between February 1, 2015 and July 31, 2015, the Plaintiff decided to supply Gyeongnam companies with five steel materials necessary for the installation of the 2 airport building, etc., and paid the price on the basis of a tax invoice. (b) The Plaintiff agreed to the direct payment of the price of the steel supply on March 27, 2015 with the Defendant and Gyeongnam companies (Evidence 1). (A) On March 1, 2015, the Plaintiff agreed to the direct payment of the price of the materials supply with the following contents (Evidence 1), Article 35 of the Framework Act on the Construction Industry, and the Fair Transactions in Subcontracting Act (hereinafter “subcontract Act”).

) If any event set forth in Article 14 occurs, the ordering person (the Defendant) agrees to directly pay to the subcontractor (the Plaintiff).

2. The method and procedure for direct payment of the price of materials, delivery;

* In principle, the contractor shall apply for the classification of the parts supplied by the subcontractor at the time of the final inspection and the completion inspection and request for the separate payment of the price. In compelling circumstances, the contractor may file a consistent application and request, but the cost of the material supply is to be directly paid to the subcontractor at the Plaintiff’s corporate bank account (418-0905-04-1012).

(Application of Subcontract Monitoring System) . *. The obligation to pay the price to the contractor and the obligation to pay the price to the subcontractor of the contractor shall be deemed to have been extinguished within the scope of Article 14 of the Subcontract Act.

3. Where a contractor requests the suspension of direct payment of the price of supply of materials, etc. with documents which can prove the fact that a subcontractor delays the payment of wages, price of materials, etc. in connection with a contract for supply of materials pursuant to Article 35 (5) of the Framework Act on the Construction Industry, the ordering person shall directly supply the materials