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(영문) 대구지방법원서부지원 2015.05.22 2014가합3406
공사대금
Text

1. The Defendants jointly and severally agreed with the Plaintiff KRW 225,00,000 and 6% per annum from May 1, 2013 to September 27, 2014.

Reasons

1. On November 2, 2012, comprehensively taking account of the overall purport of the arguments in Evidence Nos. 1, 2, and 3 (including virtual numbers), the Plaintiff’s contract was concluded with the Defendants for construction of an officetel sales promotion center (hereinafter “instant construction”) on November 2, 2012, the construction cost of which was KRW 275 million in terms of construction cost, and the construction period from November 5, 2012 to April 30, 2013 (which was changed by agreement but was until January 19, 2013). Accordingly, the Defendants are jointly and severally liable to pay the Plaintiff KRW 25 million in terms of the construction cost of the instant case deducted from the Plaintiff’s payment of KRW 50 million in terms of the construction cost of the instant construction cost of KRW 75 million in terms of the period of construction period (i.e., KRW 2,500,500,000 won in terms of the agreement).

2. Judgment on the defendants' assertion

A. As to this, the Defendants first asserted that the actual contractor who contracted the instant construction to the Plaintiff is MMM development Co., Ltd. (hereinafter “MMMM development”), which is the executor of the instant construction project, and that the contract between the original Defendant and the original Defendant was only prepared in a formal manner, and thus, the Plaintiff’s claim in this case cannot be complied with. However, there is no evidence to acknowledge the Defendants’ assertion, and the above assertion is without merit.

B. Next, the Defendants asserted that the Plaintiff, a subcontractor, agreed to receive the instant construction cost directly from MM development, and that the Plaintiff’s obligation to the Defendants was extinguished pursuant to Article 14 of the Fair Transactions in Subcontracting Act. Article 14(1)2 of the Fair Transactions in Subcontracting Act provides that the ordering person and the subcontractor shall pay the subcontract price directly to the subcontractor.

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