(영문) 의정부지방법원 2015.01.22 2014나9183

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(영문) 의정부지방법원 2015.01.22 2014나9183

공사대금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On September 14, 2010, the Defendant awarded a contract for metal works (hereinafter “the instant metal works”) among the construction works for the extension of 704 construction sections of Seoul subway Line 7 (hereinafter “the instant metal works”). On February 7, 2011, the Plaintiff was awarded a subcontract for the construction work price of KRW 83,000,000 among the instant metal works (hereinafter “instant construction works”) from the Nonparty Company during the construction period from February 10, 201 to December 30, 201.

(hereinafter referred to as "the subcontract of this case") Gap (the sub-party company) agrees to pay the price for the direct work to Eul to Eul's subcontractor's subcontractor's subcontractor's subcontractor's creditor in the following cases, and there is no objection against Gap.

C. Foods

1.A may pay directly to the bond holder of B the amount equivalent to the part that B performed in any of the following cases:

Where a creditor of B requests that the creditor of B pay the price directly to A because he/she fails to pay the price within the period agreed upon by the creditor of B due to his/her default, etc.

(b) Where it is necessary for Gap to pay directly the subcontract price for Eul to the wage creditors of Eul due to the division of construction work, etc. of Eul;

2. In the case of paragraph (1), the price paid by Party A to the creditor of Party B shall have the same effect as that paid to Party B, and the subcontract price obligation to Party B shall be deemed to have expired within the limit of the amount paid by Party A.

B. The non-party company was awarded a contract with the Defendant for the instant metal construction, and prepared a “written consent to direct payment of the subcontract price” (No. 3, hereinafter the “written consent of this case”) with the Defendant. After concluding the instant subcontract with the Plaintiff, the non-party company was to deliver it to the Plaintiff. The main contents are as follows.

C. However, the non-party company received the last progress payment from the defendant around July 1, 201.

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