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1. On December 8, 2017, the Hanyang Port Corporation among the lawsuits against Defendant SP Co., Ltd. shall be the Gwangju District Court.
Reasons
1. Basic facts
A. On October 4, 2016, Defendant C Co., Ltd. (hereinafter “Defendant C”) and T Co., Ltd. (hereinafter “T”) constituted a joint supply and demand company on the part of October 4, 2016, and received the supply of U.S. (hereinafter “instant construction”) from the Hanyang Port Corporation as joint performance method of KRW 8,898,790,000 for construction cost (the share ratio of Defendant C58% and T 42%).
B. On February 22, 2017, the Plaintiff was awarded a subcontract price of KRW 973,830,000 for the soil work during the instant construction work with Defendant C and T.
【Agreement on Direct Payment of Case】
1. In the subcontract between a contractor and a subcontractor under the instant construction contract, the subcontract consideration shall be paid directly to the subcontractor in accordance with Article 35 of the Framework Act on the Construction Industry, Article 29 of the Enforcement Rule of the same Act, Article 14 of the Fair Transactions in Subcontracting Act, and Article 4 of
2. Method and procedure for direct payment of the subcontract price - In principle, an application shall be filed by classifying the details of the portion executed by the subcontractor and a claim for the payment of the subcontract price shall be separately made at the time of the inspection of completedness and completion, and in extenuating circumstances, a contractor may file a lump sum application and claim
(w) - The obligation to pay the price to the contractor and the obligation to pay the subcontract price to the contractor’s sewage shall be deemed to be extinguished within the scope of Article 14 of the Fair Transactions in Subcontracting Act.
(2) On March 16, 2017, the Plaintiff, who is the owner of the said subcontract, entered into a direct payment agreement with the subcontractor to pay the subcontract price directly to the subcontractor (hereinafter “instant direct payment agreement”), and the main contents thereof are as follows.
C. Defendant C and T shall subcontract the Plaintiff’s construction work to the Hanyang Port Corporation.