logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원안산지원 2013.01.17 2012가합5893
공사대금
Text

1. The Defendant’s KRW 126,014,00 for the Plaintiff and KRW 5% per annum from June 7, 2012 to August 20, 2012.

Reasons

1. Basic facts

A. On December 22, 2011, the Defendant, as the project owner, concluded a contract for construction works (hereinafter “instant contract for construction works”) with the Gangwon Forest Construction Co., Ltd. (hereinafter “Gang Forest Construction”) with the following content.

- Construction name: The construction project for the creation of the family camping site in Ansan-si, Seosan-si (hereinafter referred to as the "instant construction project"): 560,611,000 won and contract bond: 84,091,650 won and contract bond: 2/100 and construction period: The rate of penalty for delay: 0.1% of the contract price from December 23, 201 to August 18, 2012:

B. From January 16, 2012, the Plaintiff received a subcontract for the packaging construction of the instant construction project (hereinafter “instant subcontracted construction”) with the contract price of KRW 300 million and the construction period from January 17, 2012 to August 18, 2012.

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

On February 14, 2012, the original and the defendant and the forest construction made a direct payment agreement as follows:

The name of the construction project under the Agreement on the Payment of Subcontract Prices [The Contract Terms]: 560,611,000 won for the Contract Amount of the Construction Project: The name of the construction project under the Agreement on the Payment of Subcontract Prices: 30 million won for the Contract Amount of the Construction Project in this case.

1. The agreement that the subcontract price shall be paid directly to the Plaintiff pursuant to 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 (hereinafter “subcontract”) and Article 4 of the Enforcement Decree of the same Act in the forest construction and the subcontract between the Plaintiff under the above construction contract.

2. Method and procedure for direct payment of the subcontract consideration - In principle, the Plaintiff’s request for payment of the subcontract consideration shall be made by classifying the details of the portion that the Plaintiff performed and claiming the payment of the subcontract consideration shall also be made separately. In extenuating circumstances, forest construction may be applied for and requested en bloc, but the subcontract consideration shall

b. - The defendant's obligation to pay for the construction of the forest and the plaintiff of the forest construction.

arrow