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1. On December 8, 2017, the Hanyang Port Corporation among the lawsuits against Defendant RR Co., Ltd. is the Gwangju District Court.
Reasons
1. Basic facts
A. On October 4, 2016, Defendant B Co., Ltd. (hereinafter “Defendant B”) and S Co., Ltd. (hereinafter “S”) entered into a contract for construction works, a joint contractor was organized on October 4, 2016 and received T&D (hereinafter “instant construction”) from the Hanyang Port Corporation in the joint performance method of KRW 8,898,790,000 for construction cost (the share ratio of Defendant B58% and S 42%).
B. The Plaintiff, who entered into a subcontract and entered into a direct payment agreement for subcontract consideration, was from Defendant B and S on January 12, 2016
6. Of the instant construction works, the subcontract price was KRW 1,400,300,000 for the instant construction works, and KRW 2,486,220,000 for the instant construction works on February 22, 2017; and the subcontract price was changed to KRW 2,173,070,000 for the instant construction works on February 22, 2017.
2) In relation to the said subcontract, the Plaintiff, who is the owner of the said subcontract, is an agreement on direct payment to be directly paid the subcontract price to the subcontractor on March 16, 2017 (hereinafter “instant direct payment agreement”) by the ordering person on March 16, 2017.
The main contents of the agreement are as follows.
1. In the subcontract between a contractor and a subcontractor under the instant construction contract, the subcontract consideration shall be paid directly to the subcontractor in accordance with Article 35 of the Framework Act on the Construction Industry, Article 29 of the Enforcement Rule of the same Act, Article 14 of the Fair Transactions in Subcontracting Act, and Article 4 of
2. Method and procedure for direct payment of the subcontract price - In principle, an application shall be filed by classifying the details of the portion executed by the subcontractor and a claim for the payment of the subcontract price shall be separately made at the time of the inspection of completedness and completion, and in extenuating circumstances, a contractor may file a lump sum application and claim
(v) - The contractor’s obligation to pay the price and the contractor’s obligation to pay the subcontract price for the contractor’s sewage.