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(영문) 대전지방법원천안지원 2016.06.17 2014가합100477
공사대금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. On June 1, 2012, the Defendant concluded a contract for the instant construction contract (hereinafter “instant construction contract”) with respect to the construction of the second and third floors of “facilities for X-rayers” located in the ASEAN (hereinafter “the instant construction contract”) with the operator of the V Care Center (hereinafter “A”) on June 1, 2012 as follows.

- The date of commencement: June 1, 2012; the date of completion: October 30, 2012 - the construction amount: KRW 913 billion (including value-added tax) (2) of the instant construction project was completed at the end of March 2013.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, 2, and 3 (if there is a serial number, including numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. 1) The Plaintiffs asserted that the contractor of the instant construction project is an objection thereto. The Plaintiffs received a subcontract for the instant construction project from No.a. B., and did not receive the subcontract price, such as the amount stated in the claim from the A. B.

Since the defendant agreed to pay the subcontract price directly to the plaintiffs, it is obligated to pay the above subcontract price to the plaintiffs.

B) The contractor Nos. 1 and 35(2)3 and 4 of the Framework Act on the Construction Industry (hereinafter “the contractor”) delayed the payment of the subcontract price at least twice, and the plaintiffs requested the direct payment of the subcontract price to the defendant, and the interest and 1) failed to pay the subcontract price to the plaintiffs, who are subcontractors. Since the plaintiffs requested the direct payment of the subcontract price to the defendant, the defendant had an implied agreement between the plaintiffs, the subcontractor, the client, the defendant, and the principal contractor, and the defendant, the principal contractor, to pay the subcontract price directly to the plaintiffs.

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