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(영문) 춘천지방법원 2015.11.25 2014가합5876
공사대금
Text

1. The counterclaim of the Defendant (Counterclaim Plaintiff) is dismissed.

2. The plaintiff (Counterclaim defendant) shall be the opposing defendant.

Reasons

1. Facts of recognition;

A. On June 27, 2013, the Gangwon-do Road Management Office established under Defendant Gangwon-do (hereinafter “Road Management Office”) concluded a contract with Defendant LLT Construction on the construction period for the construction of the National Highway 56 Line LLLL-Do Packaging Repair Work (hereinafter “instant construction work”) from October 14, 2013 to November 8, 2013, and the construction cost was KRW 231,273,970 (including value-added tax) (hereinafter “instant contract”).

B. On July 10, 2013, the Road Management Office paid KRW 122,124,000 in advance to Defendant Liber Construction.

C. After that, on October 17, 2013, between the Plaintiff and the Plaintiff, Defendant Lart Construction entered into a subcontract with respect to the surface treatment works (hereinafter “instant subcontracted works”) among the instant subcontracted works, with the terms that the construction period from October 14, 2013 to November 8, 2013, and that the construction cost shall be KRW 145,750,00 (excluding value-added tax) (hereinafter “instant subcontract”). The said day and the road management office and the Plaintiff agreed to pay the Plaintiff the construction cost directly due to the instant subcontracted works (hereinafter “instant direct payment agreement”).

1. In the instant subcontract, the subcontract consideration is agreed to be paid directly to the subcontractor (Plaintiff) pursuant to Article 35 of the Framework Act on the Construction Industry and Article 14 of the Fair Transactions in Subcontracting Act (hereinafter “subcontract Act”).

2. In the case of a crypt construction, the contractor (Defendant LLT construction) shall apply for the classification of the details of the portion executed by the subcontractor at the time of the crypt inspection and the completion inspection, and request the request for payment of the subcontract price separately, and the project owner shall pay the subcontract price directly to the account in the name of the subcontractor;

The main contents are as follows:

The Plaintiff is subject to the instant subcontract.

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