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(영문) 인천지방법원 2020.09.10 2019나685
제조 및 용역대금등
Text

All appeals by the plaintiffs are dismissed.

The costs of appeal are assessed against the plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning for this part of the judgment of the court is the same as that of the corresponding part of the judgment of the court of first instance, and thus, this part is cited by the main text of Article 420 of the Civil Procedure Act

2. The parties' assertion

A. The primary assertion 1) The Plaintiffs agreed to be directly paid the subcontract price by the Defendant, the ordering person, and accordingly, I requested a direct payment to the Defendant, stating the amount and payment date of the subcontract price. As long as the Defendant directly paid to the Plaintiff the amount of KRW 90,00,000 and KRW 30,000,00, which is a part of the Plaintiff, there exists a direct payment agreement between the Plaintiff and the Defendant. Therefore, the Defendant is obligated to directly pay the unpaid amount out of the subcontract price that was directly paid to the Plaintiff. 2) The primary assertion that the Plaintiff was unable to pay the subcontract price to the Plaintiff due to the lack of financial standing. From October 2017, it was not paid the subcontract price to subordinate companies, including the Plaintiffs, and eventually, it was closed on February 19, 2018 after waivering the general household construction contract concluded with the Defendant and extinguishing it, and the Defendant directly requested the payment of the subcontract price to the Defendant on October 17, 2017.

(B) The Defendant is obligated to directly pay the unpaid subcontract price on the basis of Article 14(1)1. B) The Defendant was aware that the Plaintiffs had a claim against I for the amount of KRW 97,00,000,000 for the manufacture and service payment. The Defendant, in collusion with I, formulated a false construction termination agreement to the effect that there was no construction payment that the Defendant would have to pay to I in collusion with I even though there was a claim against I for the amount of KRW 97,00,000 for the work payment.

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