(영문) 서울중앙지방법원 2015.12.18 2015가합518329

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(영문) 서울중앙지방법원 2015.12.18 2015가합518329

공사대금

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

On September 20, 2007, the Plaintiff concluded a contract for construction of new and renewable energy facilities (hereinafter referred to as “instant construction”) with the Kitex Co., Ltd. (hereinafter referred to as “ Citex”) by setting the contract amount of KRW 13,294,601,305, and the construction period from September 28, 2007 to May 29, 2009 (hereinafter referred to as “instant contract”).

The general conditions and special conditions of the instant contract for construction works (hereinafter “general conditions”) are as follows:

Article 34 (Deposit for Repair of Defects) (1) The other party to a contract shall pay the amount calculated by multiplying the contract amount by the security deposit for repairing defects as set forth in the contract in order to guarantee the repair of defects of the construction works under the conditions as prescribed by Articles 86 and 87 of the Regulations

Article 43 (Direct Payment, etc. of Price of Subcontract) (1) Where the other party to a contract falls under any of the following subparagraphs, the person placing an order shall directly pay to the subcontractor the amount equivalent to the portion executed by the subcontractor out of the subcontract concluded pursuant to the provisions of related Acts and subordinate statutes, such as the Framework Act on the Construction Industry, etc.

1. Where a judgment received by a subcontractor against the counter-party to the contract has been final and conclusive, ordering the payment of the subcontract consideration for the part that he/she performed;

2. Where the other party to a contract becomes unable to pay the subcontract price to the subcontractor due to bankruptcy, dishonor, business suspension, revocation of license, etc.;

3. Where the counter-party to a contract fails to submit a payment guarantee of the subcontract consideration to the subcontractor among those to be submitted by the counter-party to the contract pursuant to the Fair Transactions in Subcontracting Act or the Framework Act on the Construction Industry, Article 44 (Cancellation of Contract due to Reasons attributable to the counter-party to the contract) (1) The counter-party to the contract shall fall under any of the following subparagraphs:

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