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(영문) 수원지방법원 2016.06.30 2015가단140468
공사대금
Text

1. The Defendant’s KRW 170,500,000 as well as 6% per annum from August 28, 2015 to November 24, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff entered into the instant subcontract, around November 2014, refers to the Plaintiff’s business place with Tae-do Construction Co., Ltd. (hereinafter referred to as “ Tae-Jak Construction”), which is a 'T Tae-Jak Construction Co., Ltd.’ (hereinafter referred to as “ Tae-Jak Construction”) under the North Korean branch of the Construction Headquarters of Gyeonggi-do, the ordering person, and

(3) The term "the original contract construction of this case" is called the 'the main contract construction of this case' under the improvement of the transportation service sub-scepts 75 lines awarded from the national highways.

Under the manufacture and installation of the DDR, "the subcontracted project of this case" shall be construed as "the subcontracted project of this case".

(2) 286,00,000 Won (including additional dues) with respect to the instant subcontract for construction work (hereinafter referred to as the “instant subcontract”).

AB concluded the agreement.

B. In the case of the North Korean branch office of the instant direct payment agreement, the following direct payment agreements are concluded between the Plaintiff and the Plaintiff on December 2014, 2014:

section 23.

① The subcontract price of the instant case is agreed to be paid directly to the Plaintiff, the subcontractor, pursuant to Article 35 of the Framework Act on the Construction Industry, Article 29 of the Enforcement Rule of the same Act, Article 14 of the Fair Transactions in Subcontracting Act, and Article 4

(2) In principle, an application shall be made by classifying the details of the part that a plaintiff performed at the time of a preliminary examination or completion inspection, and the request for separate payment of the subcontract price shall be made, and in extenuating circumstances, the following cases may be applied for and requested en bloc, but the subcontract price shall be paid directly

(3) The obligation to pay the price and the obligation to pay the subcontract price to the plaintiff at the North Korean Road Business Office shall expire within the scope of Article 35 of the Framework Act on the Construction Industry and Article 14 of the Fair Transactions in Subcontracting Act.

C. On November 21, 2014, the Plaintiff started the instant subcontract construction and completed the construction work on February 14, 2015.

The Plaintiff’s instant case from the Defendant on December 31, 2014.

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