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(영문) 전주지방법원 2018.05.09 2015가단31690
공사대금
Text

1. The defendant shall pay 36,390,000 won to the plaintiff and 15% per annum from September 1, 2015 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On October 14, 2013, Nonparty Taeyang Construction Co., Ltd. (hereinafter referred to as “Tai Construction”) and Samyang Construction Co., Ltd. (hereinafter referred to as “Nonindicted Co., Ltd.”) concluded a contract for construction works between the Defendant and the Defendant for the construction works for Yangsan City (hereinafter referred to as “instant construction works”) with the construction cost of KRW 8,064,406,00, and the construction period of the construction from February 19, 2014 to February 5, 2015. On December 27, 2013, the Defendant deposited KRW 1.7 billion as the advance payment of the instant construction works into the Taeyang Construction Account.

B. On February 19, 2014, the Plaintiff received a subcontract for the construction cost of KRW 299,200,000 during the instant construction work from the non-party company (hereinafter “instant subcontracted work”) and the construction period from February 19, 2014 to February 5, 2015.

C. On February 27, 2014, the Plaintiff, the employer, and the non-party company, agree to directly pay the subcontract price to the Plaintiff pursuant to Article 14 of the Fair Transactions in Subcontracting Act (hereinafter “instant direct payment agreement”), and “ direct payment (direct payment) agreement” (hereinafter “direct payment agreement”) is “the instant direct payment agreement.”

Then, the main contents of the direct payment agreement in this case are as follows.

1.In the subcontract between a contractor and a subcontractor under the above 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, a request for the payment of the subcontract price shall be made by classifying the details of the portion that the subcontractor performed and the request for the payment of the subcontract price shall be made separately, and in extenuating circumstances, the contractor may apply and request en bloc;

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