(영문) 서울남부지방법원 2019.11.07 2018가단248620

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(영문) 서울남부지방법원 2019.11.07 2018가단248620

공사대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendant (former Co., Ltd.) contracted the Fbubane and the expansion of hospital in Seocho-gu E-gu, Cheongju-si to the owner of the building, and subcontracted the part of the mechanical construction to G Co., Ltd. (hereinafter “G”) for the construction cost of KRW 1,773,00,000.

B. Around March 2016, the Plaintiff (former Mutual Company H) received re-subcontracting from G to the construction period of KRW 390,900,000 for total construction cost (including value-added tax) by setting the period from March 23, 2016 to September 30, 2016, among the parts of the mechanical construction of the said industry father and the extension of hospital (hereinafter “instant construction”). Since March 23, 2016, the Plaintiff (including value-added tax) changed the construction period from March 23, 2016 to April 30, 2017, the total construction cost of KRW 495,40,000 (including value-added tax).

C. Around July 26, 2016, the Plaintiff, the Defendant, and G agreed to the direct payment of the subcontract price with the purport that the Defendant would pay the Plaintiff the instant construction cost to the Plaintiff directly. On March 2, 2017, according to the changed construction cost, the Plaintiff, and the Defendant agreed to the direct payment of the subcontract price again as follows:

(hereinafter referred to as “instant direct payment agreement”) . 1. In the subcontract between the contractor (G) and the subcontractor (Plaintiff), the ordering person (Defendant) shall directly pay the subcontractor the subcontract price corresponding to the portion executed by the subcontractor pursuant to Article 35(2) of the Framework Act on the Construction Industry.

2. Method and procedure for direct payment of the subcontract price - The contractor shall apply for the classification of the details of the portion executed by the subcontractor at the time of the technical examination or completion inspection, and shall also request the subcontractor to pay the subcontract price separately, and the project owner shall pay the subcontract price directly in the following account:

- The amendment (period, amount, etc.) of the contract in question shall be deemed to have agreed on the direct payment as modified if approved.

참조조문

-건설산업기본법 제35조 제2항

유사 판례

-춘천지방법원원주지원 2016.08.25 2015가합5541

-전주지방법원 2012.05.25 2011가단36635

-전주지방법원 2012.11.07 2012나4117

-서울남부지방법원 2019.01.11 2017가합112059