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(영문) 수원지방법원성남지원 2015.11.11 2014가합7977

공사대금

Text

1. The Defendant’s KRW 122,645,625 as well as the Plaintiff’s KRW 6% per annum from August 29, 2014 to November 7, 2014.

Reasons

1. Facts of recognition;

A. C Co., Ltd. (hereinafter referred to as “C”) and D Co., Ltd. (hereinafter referred to as “D”) constituted a joint supply and demand organization (C70% equity ratio, D 30%) and were awarded a contract with the Defendant for a permanent stay-permanent construction work on an expressway No. 30 on January 11, 2013.

B. On April 9, 2013, C subcontracted to the Plaintiff the construction period of the soil and structures (F Tools) during the construction period from April 9, 2013 to December 30, 2015, the contract price of 18.65 billion won and the contract price of 18.64 billion won.

(hereinafter referred to as “instant subcontract”). C.

On July 25, 2013, the Plaintiff filed with C a claim for the payment for completed portion of KRW 880 million, including KRW 122,645,625 (hereinafter “instant ready-mixed”) equivalent to the amount of the obligation of the amount of the amount of the dynamics related to the dynamics Co., Ltd. (hereinafter “Dongjin-uncom”), among earth and structures (F Tools) construction works (hereinafter “instant construction works”). However, C, due to its aggravation of financial standing, was unable to pay the Plaintiff the payment for completed portion under the instant subcontract, including the amount equivalent to the instant ready-mixeds amount.

Accordingly, on July 29, 2013, the Defendant, C, D, and the Plaintiff entered into a direct payment agreement with the following contents (hereinafter “instant direct payment agreement”).

1. In the subcontract between the above contractor (the “C” and “D”) and the subcontractor (the “Plaintiff”) agreement between the ordering person and the subcontractor, pursuant to Article 14 of the Fair Transactions in Subcontracting Act and Article 35 of the Framework Act on the Construction Industry, the ordering person (the “Defendant”) shall directly pay the subcontractor the subcontract price corresponding to the portion executed by the subcontractor.

2. The method and procedure for the direct payment of the subcontract price shall be applied for by classifying the details of the portion executed by the subcontractor at the time of a technical examination or completion inspection, and the request for the payment of the subcontract price shall be also separately requested, and the ordering person shall