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(영문) 서울서부지방법원 2015.11.04 2014가합37040
공사대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant was awarded a contract from Gwangju City for construction work for new public sewage treatment plant construction works for five new public sewage treatment plant construction works, and subcontracted the case to AD Integrated Construction Co., Ltd. (hereinafter “AD case”). On October 18, 2013, the Plaintiff was re-subcontracted for construction work cost of KRW 308,000,000 among the above construction works (hereinafter “instant construction works”).

B. Of the construction cost of this case, the part directly received by the Defendant = 60,000,000 won = May 10, 2014

5. It is 30.30. 10,000 won (the fact that there is no dispute over the grounds for recognition, the entries in each of 1,3,9,10, and the purport of the whole pleadings;

2. Determination on the cause of the claim

A. The Plaintiff’s assertion: (a) the Defendant made a direct payment agreement on the construction price of this case in the order between the case case and the Plaintiff; and (b) there was no direct payment agreement even if there was no direct payment agreement.

Even if the Plaintiff requested a direct payment pursuant to the "Fair Transactions in Subcontracting Act" (hereinafter "subcontract Act") or the Framework Act on the Construction Industry, the Defendant was obligated to pay the construction cost of this case to the Defendant, and the Defendant is entitled to the payment of KRW 128,000,000 (the remaining amount obtained by deducting the remaining construction cost of KRW 157,404,60,000, plus the 30,595,400,000,000, which was paid directly by the Defendant, from the 188,000,000,000, which was paid directly by the Defendant.)

B. In full view of the following circumstances, the existence of direct payment agreements, as alleged by the Plaintiff, may be acknowledged in light of the following circumstances, which are acknowledged in addition to the purport of the entire pleadings, as to the determination of the claim for construction cost under the direct payment agreement, and whether the Defendant agreed to directly pay the construction cost of this case between the Plaintiff and the Plaintiff.

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