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(영문) 서울남부지방법원 2018.09.13 2017가합102649
하도급대금 직접지급 청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant entered into a contract for construction works with the Defendant Company B (hereinafter “B”) on October 28, 2015.

)The construction cost of KRW 9,460,000,000 (including value added tax; hereinafter in the absence of any special explanation, the construction cost, subcontract price, etc. shall be stated in the amount including value added tax.

(2) As regards the construction period from November 15, 2015 to November 15, 2016, parking buildings in Gangseo-gu Seoul Metropolitan Government (hereinafter “instant building”) are located in Gangseo-gu Seoul Metropolitan Government (hereinafter “instant building”).

2) A new construction project (hereinafter referred to as “instant construction project”)

(c)a contract under which the contract is made (hereinafter referred to as:

The contract of this case, including the modified contract of this case, is "the contract of this case" and the contract price under the contract of this case is "the contract price of this case".

Upon entering into the instant contract, the Defendant agreed to pay the construction cost on the 25th day of each month in accordance with the fair ratio, and pay the remainder 10% after completion. (2) Article 6 of the instant contract states, “The term contract amount is the amount determined according to the modified design drawing, and the excessive portion after the design drawing is completed on November 5, 199, shall be mutual assistance only at the original rate. (Provided, That the modified amount shall not exceed 3% of the total construction cost) - Outage materials and files shall not be altered, and shall be limited to the excessive portion of the interior finish.”

B. B (1) On May 25, 2016, B entered into a subcontract agreement with the Plaintiff, and KRW 154,000,000 for the Plaintiff and the subcontract consideration (hereinafter “instant subcontract consideration”).

(2) As to the construction period from July 1, 2016 to November 30, 2016, the term of construction shall be from July 1, 2016 to November 30, 2016 (hereinafter “instant swimming pool construction”).

(2) The contract to subcontract (hereinafter referred to as the “instant subcontract”).

(2) B entered into a subcontract with multiple companies other than the Plaintiff for the instant construction work.

The main contents of the subcontract which B entered into shall be as follows:

In the case of a sewage supplier or lower, each sewage supplier.

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