(영문) 인천지방법원 2017.11.16 2017나55643

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(영문) 인천지방법원 2017.11.16 2017나55643

추심금

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1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The defendant is a subcontractor who has been awarded a subcontract for part of civil engineering and construction works among the construction works of Taean power plant 9,10 from the STX Heavy Industries Co., Ltd. (hereinafter referred to as the "STX Heavy Industries"), and DELN Co., Ltd. (hereinafter referred to as the "DELN") is a subcontractor who has been awarded a subcontract for the part of the machinery and equipment works of the above construction work from the defendant, and the plaintiff is a creditor of DELN. The subcontract agreement entered into between the directly paid part of the construction work price under the subcontract agreement and the defendant, the defendant, and DELN. There was a content of the direct payment of the construction price as follows.

Article 2 (1) The defendant agrees in advance that if the contract is terminated or terminated in accordance with the terms and conditions of the subcontract, it shall be paid directly in the subcontract price after receiving a report on the claim from the workers and construction participants incurred in connection with the work of the defendant. 2) If the contract is immediately paid in accordance with paragraph (1), the STX Heavy Industries shall be exempted from the obligation for the payment for the completed portion of the contract.

Article 32 (Request for Direct Payment of Subcontract Price) (1) Where any of the following causes occurs in the course of a contract between the defendant and the DNA, the subcontractor may request the ordering person to pay the subcontract price equivalent to the part on which the construction work is performed:

1. Where a principal contractor becomes unable to pay the subcontract consideration due to the suspension of payment, bankruptcy, other causes similar thereto, or the permission, authorization, license, registration, etc. of the principal contractor;

2. Where the principal contractor has paid the subcontractor two or more installments of the subcontract consideration to be paid by the subcontractor;

3. Where the ordering person, principal contractor and subcontractor agree to pay the subcontract price directly to the subcontractor.

유사 판례

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