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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.
Reasons
1. Basic facts
A. In around 2014, the Defendants contracted the “D Urban Residential Housing Construction Corporation” (hereinafter “D Urban Residential Housing Construction”) with the construction cost of KRW 452,00,000, and the construction period from June 1, 2014 to November 30 of the same year.
(hereinafter “instant construction contract”). B.
At the beginning of November, 2014, the construction subcontracted the part of the instant construction to the Plaintiff during the construction period of KRW 18,702,00, and the construction period of November 4, 2014 from November 25, 2014.
(hereinafter “instant subcontract”). The Plaintiff completed tin work at the end of November, 2014.
The new building under the instant construction contract was completed on April 24, 2015.
C. On April 6, 2015, before completion, the Plaintiff and the Defendants agreed to pay the subcontract price (18,702,000 won) corresponding to the part executed by the Plaintiff to the Plaintiff as the subcontractor under the Framework Act on the Construction Industry. The Defendants drafted an agreement on the direct payment of the subcontract price with the same content.
(A) Evidence No. 6, Evidence No. 8-16, Evidence No. 6, and evidence No. 6, and the agreement between the third parties is referred to as the “instant agreement,” and the said “subcontract Payment Agreement” is referred to as the “instant agreement.”
With respect to the “the method and procedure for direct payment of subcontract price”, the instant agreement classified the details of the portion executed by the Plaintiff, which is the subcontractor, at the time of the completion inspection and completion inspection of the construction work, and requests for the payment of subcontract price separately. The Defendants, which is the ordering person, decided to pay the subcontract price directly to the Plaintiff’s bank account, which is the subcontractor.
E. On May 13, 2015, 2015, the instant agreement, filed a petition for bankruptcy on May 13, 2015, and the Seoul Central District Court rendered a ruling of bankruptcy on June 2, 2015.
F. Meanwhile, on February 5, 2016, the Defendants were governed by the Doc Investment Construction Act.