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(영문) 대전지방법원 2016.12.16 2016가합103334
공사대금
Text

1. The Defendant: (a) KRW 527,039,831 for the Plaintiff and 5% per annum for the period from June 9, 2016 to December 16, 2016; and (b) the Plaintiff.

Reasons

Basic Facts

Around December 1, 2015, the Defendant entered into a contract for the construction project (hereinafter referred to as “instant contract”) with Cheongam Construction Co., Ltd. (hereinafter referred to as “Cheongam Construction Co., Ltd. (hereinafter referred to as “Cheongam Co., Ltd.”) by setting the contract amount of KRW 13,706,190,000 and the construction period from December 1, 2015 to March 30, 2016 (hereinafter referred to as “instant contract”).

On December 21, 2015, Cheongam Construction entered into a subcontract agreement with the Plaintiff (hereinafter “instant subcontract agreement”) on a contract amount of KRW 1.855 billion (including value-added tax, value-added tax, and value-added tax, KRW 1.685 billion), and the construction period from December 21, 2015 to February 15, 2016 (hereinafter “instant subcontract”).

On December 21, 2015, the Plaintiff, the Defendant, and the Cheongam Construction agreed on the instant subcontract consideration (hereinafter “instant direct payment agreement”) as follows (hereinafter “instant direct payment agreement”).

1. In the subcontract between Cheongam Construction and the Plaintiff, the Defendant agreed to directly pay the Plaintiff the subcontract price corresponding to the portion executed by the Plaintiff pursuant to Article 35(2) of the Framework Act on the Construction Industry.

2. The method and procedure of direct payment of the subcontract consideration shall be applied for the construction of Cheongamam, by classifying the details of the part executed by the plaintiff at the time of the initial test and completion inspection, and the request for payment of the down payment shall be separately made, and the defendant shall pay the subcontract consideration directly to the plaintiff in the following account:

3. In a case where the defendant requests the suspension of direct payment of the subcontract price with documents evidencing that the plaintiff delayed payment of wages, material costs, etc. in connection with the subcontract under the provisions of Article 35 (5) of the Framework Act on the Construction Industry.

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