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1. On February 24, 2015, between the Plaintiff and the Defendant, the Korea Rural Community Corporation entered the Director General of the Daejeon District Court’s Court of Appeals.
Reasons
Basic Facts
Kudong Construction Co., Ltd. (Seoul Central District Court Decision 2012 Ma184 decided to commence the rehabilitation procedure for the said company, and the Plaintiff was appointed as a custodian. In this case, regardless of whether before or after the commencement of the rehabilitation procedure for the said company, the Plaintiff was awarded a contract for “B” from the Korea Rural Community Corporation (hereinafter “instant construction”). On January 9, 2013, the Defendant was awarded a subcontract by the Plaintiff for the period of construction work of KRW 936,540,00 for the packaging work (hereinafter “instant packaging work”) during the instant construction work and the period of construction from January 9, 2013 to December 31, 2013.
(hereinafter referred to as “instant subcontract”). The Plaintiff subcontractor (the Plaintiff’s subcontractor [Agreement on Direct Payment of Subcontract Price] of the Plaintiff on January 9, 2013 to December 31, 2014, the subcontract price of KRW 936,540,00 for the package work (second section) under the name of the construction project owner from November 4, 201 to December 31, 2013, the subcontract price of KRW 936,540,00 for the term of contract of KRW 936,540,000 for the term of contract under the name of the construction project owner.
1. Agreement between the ordering person, contractor and subcontractor on the subcontract price corresponding to the portion executed by the subcontractor in the subcontract between the said contractor and 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 performance inspection 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:
- It is deemed that the modification (period, amount, etc.) of the contract in question is notified, accepted or approved to the ordering agency, without any separate agreement, agreed to make a direct payment as amended.
The plaintiff, the defendant, and the Korea Rural Community Corporation are not more than the subcontract consideration for the package construction of this case among the construction of this case around January 2013.