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(영문) 대구지방법원 2016.12.16 2014가합6354
공사대금
Text

1. Defendant Taesung Construction Co., Ltd.: KRW 62,296,396 and its related thereto from June 1, 2014 to August 6, 2014.

Reasons

1. Basic facts

A. A. Around August 2012, the Defendant Youngjin Industrial Development Co., Ltd. (hereinafter “Defendant Youngjin Industry”) concluded a construction contract with the Defendant Taesung Construction Co., Ltd. (hereinafter “Defendant Taesung Construction”) to set the construction cost as KRW 5,900,000,000 for the new B apartment construction.

B. The Plaintiff, from Defendant Taesung Construction, determined the contract amount of construction work such as bathing room, etc. during the said construction work as KRW 30,000,000, and supplied sewage.

(hereinafter referred to as “instant subcontract”). (c)

On May 28, 2014, the Plaintiff and the Defendants prepared a “written confirmation of direct management of subcontract price” with the following contents (hereinafter “instant agreement”), and the Plaintiff completed the said construction around that time. The Plaintiff completed the said construction work under the original contract for construction work under the name of the original contract for the construction work. The subcontract amount of KRW 5,900,000,000 (including value-added tax) for the subcontract amount of KRW 194,020,000 (including value-added tax) for the subcontract amount of KRW 135,980,000 (including value-added tax) for the subcontract amount of KRW 135,980,00 (including the contract amount of KRW 5,90,000) for the construction work under the name of

1. In the subcontract between the contractor (Defendant Taesung Construction) and the subcontractor (Plaintiff) under the above contract of construction work, it is confirmed that the ordering person (Defendant Young-Tech Industry) does not interfere with the subcontractor's performance of construction work by directly managing and supervising the contractor's receipt of the honor and the payment of the subcontractor's performance for the smooth progress of the site.

2. The amount of the completed portion to be directly managed and supervised by the ordering person shall constitute the balance of the subcontract;

3. Method and procedure for direct payment of the subcontract price - A contractor shall apply for the division of the details of the portion executed by the subcontractor at the time of the pre-examination and completion inspection and, in principle, a request for the payment of the subcontract price may also be filed separately by the contractor in extenuating circumstances, but the subcontract price shall be the subcontractor

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