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(영문) 제주지방법원 2017.04.12 2015나3327
물품대금
Text

1. The plaintiff's appeal is dismissed.

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

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

Reasons

1. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for an additional determination as to the following matters, thereby citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The addition;

A. Even if the Plaintiff’s assertion, the Defendant, and the Defendant did not enter into a contract for the supply of building materials, the Defendant is obligated to pay the subcontract amount directly to the Plaintiff, the subcontractor, in accordance with the Fair Transactions in Subcontracting Act, because there was an agreement on the direct payment between the Plaintiff, the Defendant, and D.

(b) Where a principal contractor entrusts a subcontractor with such tasks as manufacturing (including processing; hereinafter the same shall apply), repair, construction, or services, or where a principal contractor re-commissions a subcontractor with what he/she has been entrusted (hereinafter referred to as "manufacturing, etc.") by another business operator, and the subcontractor who has been entrusted with such tasks (hereinafter referred to as "subject matter, etc.") manufactures, repairs, constructs, or provides services, and delivers, delivers, or provides (hereinafter referred to as "supply, etc.") the subject matter to the principal contractor and receives the consideration thereof (hereinafter referred to as "subcontract consideration"), such acts by the principal contractor;

(3) The term "contractor" in this Act means a small or medium entrepreneur who is entrusted with manufacturing, etc. by a principal contractor under the subparagraphs of paragraph (2).

(6) The term "entrustment with manufacturing" in this Act means that a business operator who engages in a business falling under any of the following subparagraphs entrusts another business operator with the manufacturing of goods resulting from such business:

In such cases, the scope of goods resulting from the business shall be determined and announced by the Fair Trade Commission.

1. Manufacturing of goods;

2. Sale of goods;

3. Repair of goods;

4. Construction.

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