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(영문) 서울고등법원 2015.01.14 2013나56749
추심금
Text

1. Of the judgment of the court of first instance, with respect to the defendant, the "amount of claim and the amount of award" attached to the plaintiffs.

Reasons

1. Basic facts

A. On May 30, 201, the Defendant entered into a construction contract with the Defendant and A Co., Ltd. (hereinafter “A”) with the Defendant (hereinafter “A”) and the Defendant changed the construction period from May 31, 201 to August 31, 2013; the construction period from May 31, 2011 to August 31, 2013; the construction price was KRW 4,221,294,00 (the labor cost was KRW 1,350,000; the construction cost was finally changed to KRW 5,967,720,00; the labor cost was changed to KRW 1,909,670,670,000; and the labor cost was changed to KRW 1,909,670,400.

on the 15th day of each month, and the amount corresponding to the previous ingredients (hereinafter referred to as “amount”).

(1) A contract is made by stipulating that payment shall be made (hereinafter “instant contract for construction”).

(2) However, around July 2012, A renounced the instant construction project on the grounds of the aggravation of financial standing, etc., the Defendant settled the progress payment at KRW 5,234,197,100 between A and A on July 31, 2012, and terminated the instant construction contract.

B. 1) The Defendant and the instant construction contract provide that “In a case where a worker A confirmed that he was not paid wages due to a cause not attributable to the Defendant, or a claim for wages is made by a worker A, the Defendant may directly pay the relevant wages to the worker A” [Article 6 of the Special Conditions (Special Conditions on Payment of Overdue Wages), hereinafter “Special Agreement”).

(2) On May 30, 201, the Defendant prepared a written consent for direct payment of the construction cost (hereinafter “instant consent for direct payment”) with the content that the payment for the completed portion shall be paid directly to the subcontractor, etc. (hereinafter “execution participant”) in the event of a certain cause or event, and the main reasons are as follows.

(1) Where the defendant and A agree with the execution participant by clarifying the purport that some or all of progress payments of A may be paid directly to the execution participant and the method and procedure for the payment thereof.

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