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(영문) 서울중앙지방법원 2018.12.12 2018가합535158
청구이의
Text

1. The Defendant’s payment order against the Plaintiff was based on the Seoul Central District Court Decision 2018Hu1035381.

Reasons

1. Basic facts

A. On October 2016, the Plaintiff: (a) determined that “the construction of a new service center on the ground of Seongdong-gu Seoul Metropolitan Government D” was a contract price of KRW 12,100,000,000 (including value-added tax) and awarded a contract to C (hereinafter “Nonindicted Company”) around October 2016.

(hereinafter the above building "the building of this case" is "the building of this case" and the above construction "the building of this case" is "the construction of this case", and the contract for the above construction is "the contract of this case").

On November 9, 2017, the defendant was awarded a subcontract by the non-party company at the contract price of 522,500,000 won for the installation of Aluminium Complex during the instant construction.

Written Consent of Direct Payment

1. It is confirmed that the non-party company entered into a subcontract with the defendant regarding the instant construction project ordered by the plaintiff, and that the non-party company did not pay KRW 313,50,000 out of the subcontract price under the said contract to the defendant.

2. Accordingly, the non-party company agrees to the defendant's claim for the payment of the subcontract price against the non-party company directly received from the plaintiff.

C. Around February 2018, the Defendant drafted a written consent to the direct refusal (hereinafter “instant written consent”) with the Nonparty Company as follows. D.

Around February 14, 2018, the Defendant sent to the Plaintiff the following “Notice” (hereinafter “instant Notice”) along with the written consent to the instant direct payment, and around that time, the said notification reached the Plaintiff.

No. : The recipient of the claim for the payment of the construction cost: The defendant sender has the claim for the subcontract price with respect to the instant construction work ordered by your company on November 2017.

On the other hand, the non-party company had a claim for the construction cost against the non-party company, and the sender consented that the sender directly receives the construction cost from the non-party company, such as a letter of non-party statement of non-party attachment.

The sender shall be paid to the sender.

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