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(영문) 서울중앙지방법원 2015.04.17 2014가단29184
공사대금 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On January 29, 2013, the Defendant subcontracted the structure reinforcement and steel framed (including value-added tax) among the extension works of the Technology Training Center (hereinafter “LE”) located in the Asia-dong as the contract price of KRW 272,80,000, among the extension works of the Technology Training Center (hereinafter “LE”) located in the Asia-dong.

B. On January 31, 2013, E.S. subcontracted to the Plaintiff the steel framed Corporation (hereinafter “instant construction”) at a contract price of KRW 192,50,000.

C. On February 27, 2013, the Plaintiff and LAST agreed to pay the subcontract price directly to the Plaintiff, who is the sewage supplier (hereinafter “the instant direct payment agreement”), due to difficulties in the financial situation of LAST, and LAE drafted and affixed a written agreement on February 27, 2013.

On March 4, 2013, the Plaintiff notified the Defendant of the instant direct payment agreement (including the Plaintiff’s certificate of personal seal impression) to the effect that the said direct payment agreement would be approved.

E. After that, the Defendant directly paid the Plaintiff the construction cost of KRW 30,80,000 on April 1, 2013, KRW 118,212,00 on May 9, 2013, and KRW 22,73,50 on August 29, 2013.

[Ground of recognition] Facts without dispute, entry of Gap 1, 3 through 5, purport of the whole pleadings

2. Along with the Plaintiff’s direct payment agreement, L. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E.

Article 14 (1) 2 of the Fair Transactions in Subcontracting Act constitutes "when an agreement is reached between the ordering person, the prime contractor, and the subcontractor to pay the subcontract price directly to the subcontractor."

Therefore, the defendant is based on the above legal provision to the plaintiff.

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