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(영문) 대구지방법원포항지원 2017.11.14 2016가단8778
약정금
Text

1. The Defendant’s KRW 28,445,00 for the Plaintiff and 5% per annum from November 21, 2014 to November 23, 2016.

Reasons

1. Facts of recognition;

A. On June 4, 2013, the Defendant: (a) contracted D Construction Work for the Nam-gu Office C Group at Port from the port of port on June 4, 2013; and (b) subcontracted to E Co., Ltd. the construction work of reinforced concrete and underwater construction work (hereinafter “instant construction work”).

(hereinafter referred to as "the subcontract of this case". (b)

On November 12, 2014, when the Plaintiff leased equipment, such as construction machinery, from the Plaintiff for the instant construction project, but the said equipment was not paid, E Co., Ltd. drafted a direct payment agreement on the subcontract price (hereinafter “instant agreement”) with the original Defendant on November 12, 2014. The name of the construction project under the direct payment agreement on the subcontract price: D Corporation - the main contractor and representative of the construction project, the main contractor and representative of the construction project under the agreement on the direct payment of the subcontract price: H: the main contractor and representative of the construction project under the agreement on the payment of the subcontract price:

1.In the subcontract between a contractor and a subcontractor under the above construction contract, the subcontract consideration shall be agreed directly to the subcontractor pursuant to Article 35 of the Framework Act on Construction Industry, Article 29 of the Enforcement Rule of the Act on Fair Transactions in Subcontracting and Article 4 of the Enforcement Rule of the Act.

2. In principle, the method and procedure for direct payment of the subcontract price and the detailed details of the portion that the subcontractor performed and the request for the payment of the subcontract price shall be made separately from the subcontractor at the time of the examination and completion inspection, and in extenuating circumstances, the contractor may make a single request and request, but the subcontract price shall be paid directly to the subcontractor;

4.The payment of progress payment shall be made in cash directly by the original contractor to the subcontractor on the top of all the amounts payable by no later than November 12, 2014, including the amounts payable by no later than November 12, 2014: 28,445,000 and VAT) when the first progress payment is made after the date of the written agreement.

C. The Defendant, on October 31, 2014, shall I as part of the construction cost stipulated in the instant subcontract agreement from E Co., Ltd.

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