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(영문) 청주지방법원 2019.09.25 2018가단34551
약정금
Text

1. The Defendant paid KRW 74,004,236 to the Plaintiff KRW 6% per annum from May 3, 2019 to September 25, 2019.

Reasons

1. Facts of recognition;

A. Nonparty C Co., Ltd (hereinafter “Nonindicted Company”) was subcontracted to KRW 3,270,00,000 for reinforced concrete construction work among the new construction works of Gwangju DD building by the Defendant.

In addition, on December 18, 2015, the Plaintiff entered into a contract for the lease of construction materials necessary for the said construction to the non-party company (hereinafter “instant lease contract”).

B. On the same day, the Plaintiff, the Defendant, and the Nonparty Company drafted a written agreement with the following contents, and the written agreement attached a total of KRW 77,609,640 to the written agreement.

2. The non-party company shall notify the defendant in writing at the time the Plaintiff’s rental materials were taken out to the site.

4. The payment of the material is guaranteed by the Defendant within the scope of the accompanying provisional material input plan, and the Defendant directly pays the Plaintiff the construction cost claimed by the Nonparty Company in accordance with the direct payment agreement on the Framework Act on the Construction Industry.

5. The non-party company shall preferentially deduct the money that the defendant paid to the plaintiff from the claim for the construction cost claimed by the defendant.

6. In the event of the suspension of construction and the termination of construction works, the non-party company shall be admitted to the site immediately before another Section, and the plaintiff's material being used by the non-party company shall

Afterward, the Plaintiff’s rental materials used by the Defendant shall be settled according to the rental price concluded between the Nonparty and the Plaintiff.

C. In addition, the Plaintiff, the Defendant, and the Nonparty Company drafted a direct payment agreement of the subcontract price (direct payment) with the following content on the same day:

(hereinafter referred to as the “instant agreement” by combining both the instant agreement and the direct payment agreement. Of the details of the subcontract agreement, the amount of subsidies paid to the ordering entity: KRW 77,609,640.

1.Article 35 of the Framework Act on the Construction Industry and Article 29 of the Enforcement Rule of the same Act.

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