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(영문) 서울중앙지방법원 2013.08.09 2012가합78202
추심금
Text

1. The defendant attached Form to the plaintiffs

2. Each corresponding amount to be stated in the amount claimed and the amount to be quoted in the prize sheet and this shall apply.

Reasons

1. Basic facts

A. On May 30, 201, A Co., Ltd. (hereinafter “A”) entered into the instant construction contract with the Defendant on the terms of being awarded a contract for civil engineering works among D construction works in Chungcheongnam-gun Industrial Complex D located in Chungcheongnam-gun, Chungcheongnam-gun, and the construction period from May 31, 201 to August 31, 2013; and the construction price shall be KRW 4.22,129,000 (including value-added tax) and the construction price shall be KRW 4.22,129,000 (including value-added tax) for the delivered ingredients on the fifteenth day of each month.

D. Article 6 of the Special Conditions of the Construction Contract of this case stipulates that the defendant may pay A wages directly to A for any reason not attributable to the defendant, or that the defendant may pay A wages directly to A if he/she claims wages from A.

In addition, on May 30, 201, A and the Defendant drafted a written consent to the direct payment of the price that the payment of the price for the advanced payment shall be directly paid to A's sewage supplier, etc. (hereinafter "execution participant").

The reasons for the direct payment are as follows:

(1) Where the defendant and A agree to pay part or all of the progress payments of A to the execution participant of A by clarifying the purport that he/she may directly pay the whole or part of the progress payments of A and the method and procedure for the payment thereof. <2> Where the execution participant requests the defendant to present or pay the defendant by obtaining a title of debt, such as a final and conclusive judgment on the consideration of services, materials, equipment, etc. supplied by him/her in connection with the subcontracted work, or where he/she requests the defendant to obtain a decision of seizure of claims with the third debtor based on his/her title of debt, ⑤ where A requests the defendant in writing for a direct payment of the price, ⑤ where A requests the defendant to pay the price in writing.

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