하도급대금 직접지급 청구의소
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. The following facts do not conflict between the parties, or may be acknowledged by taking into account the whole purport of the pleadings in the descriptions of Gap evidence 1-1-4, Gap evidence 2-1-6, Gap evidence 3-1-4, Gap evidence 4, 5-1, 2, Gap evidence 16-1, 2, and Eul evidence 1-1.
Around 2012, the Defendant awarded a contract for the new construction of an apartment complex with the same effect as the “new construction site” on the ground of no more than 684-20, Daegu Nam-dong, Daegu-dong, No. 684-20, and no more than 146 lots of land (hereinafter “instant construction site”), and subcontracted the construction contract amount of KRW 1,684,836,300 (hereinafter “the instant construction site”) during the said new construction project to a Myst Construction Co., Ltd. (hereinafter “Myst Construction”) on February 18, 2013, the Defendant subcontracted the construction contract amount of KRW 1,684,836,30 (including the labor cost, KRW 535,903,10, value-added tax, KRW 72,836,300, and KRW 5% of the contract amount from February 18, 2012 to July 30, 2014).
B. Around October 2013, the Plaintiff Hansung case (hereinafter “Plaintiff Hansung case”) that operates the sales business of building materials in Kimpo-si, Kimpo-si (hereinafter “Plaintiff Hanpo-si”) requested supply of apartment type CARIER, saw-type sawet, saw-type blick, ging, and MF at the construction site of this case. Around that time, the Plaintiff supplied interior construction goods worth KRW 57,943,513 (including value-added tax) in total from around March 4, 2014.
C. On September 2013, the Plaintiff, Inc., Ltd. (hereinafter “Plaintiff”) engaging in the manufacture, sale, etc. of synthetic timber in the Orpo-Eup in Gwangju City (hereinafter “Plaintiff”) demanded supply of P.V.C. Lambling and booming, etc. around September 2013, and supplied goods of KRW 82,134,922 (including value-added tax) in total from January 2014 to April 2014.
Plaintiff
Han Sung case is about April 16, 2014, Article 35 (1) and (2) of the Framework Act on the Construction Industry (Direct Payment of Subcontract Price) and Article 35 (1) of the Framework Act on the Construction Industry.