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(영문) 인천지방법원 2019.02.27 2018가단221149
공사대금
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 April 18, 2016, the Defendant entered into a construction contract with Nonparty C Co., Ltd. (hereinafter “C”) to enter into a contract with the Defendant to set the construction cost for the instant new construction project at KRW 2,919,914,00, and the construction period from April 20, 2016 to September 30, 2017. Since then, the Defendant and C entered into a contract with the Defendant to enter into a contract for the construction project with the Defendant to enter into a contract for the new construction project (hereinafter “new construction project in this case”) by setting the construction cost at KRW 2,496,440,00, and the final construction period at KRW 2,496,40,000, and the final construction period at January 6, 2018.

(hereinafter “instant prime contract”). B.

On October 2017, the Plaintiff entered into a subcontract for construction works (hereinafter referred to as “instant subcontract agreement”) with C to determine the construction period from November 1, 2017 to December 10, 2017 as the construction cost of KRW 113,300,000 (including value-added tax) among the instant new construction works.

C. In the process of concluding the instant subcontract, the Plaintiff wished to obtain a written statement of direct payment from the Defendant, the ordering person of the construction project, and as of October 23, 2017, the Plaintiff, C, and the Defendant drafted a written statement of direct payment of the subcontract consideration with the following contents:

(hereinafter “instant statement of direct payment”). I agree to pay directly to the subcontractor the said subcontract price pursuant to Article 33 of the General Conditions of the Construction Contract under Article 2015-1147 of the Public Notice of the Ministry of Land, Transport and Maritime Affairs and Article 14 of the Fair Transactions in Subcontracting Act and Article 9 of the Enforcement Decree of the said Act with respect to the construction work being executed by C under

Provided, That the principal contractor shall have the effect of a written consent to the direct payment when it is impracticable for the principal contractor to make a normal payment.

The Plaintiff, among the instant geothermal construction, performed geothermal engineering work by November 20, 2017. From December 19, 2017, the Plaintiff installed geothermal equipment and installed air heating and cooling pipes in a mechanical room until December 19, 2017. The Plaintiff performed geothermal pipeline work between January 31, 2018 and February 5, 2018.

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