(영문) 서울중앙지방법원 2015.11.27 2014가단5296415

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(영문) 서울중앙지방법원 2015.11.27 2014가단5296415

추심금

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1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On December 24, 2010, the Defendant entered into a contract with the non-party company (hereinafter “non-party company”) to subcontract to the non-party company for the repair and reinforcement of the teaching system (hereinafter “instant construction contract”). The rate of the construction price of the warranty bond was 5% and the warranty period was 120 months from the completion date of construction work, and the following provisions were included in relation to the payment of the warranty bond or the payment of the warranty bond:

Article 23 (Defect Security) (1) After completion inspection, Eul shall pay to Gap the amount calculated by multiplying the contract amount by the rate of the warranty bond for defect repairs as set forth in the contract amount, and then he shall pay to Gap the amount as cash or as a guarantee under any subparagraph of Article 7 (2) until he is paid the price for the construction

(5) Where Eul fails to pay the security deposit for repairing defects prescribed in the contract before receiving the consideration for construction works after completion inspection, Gap may withhold the payment of the amount equivalent to the security deposit for repairing defects from the construction price to be paid to Eul, and Eul may not request the payment of interest on the grounds of delayed payment of the construction price.

B. The instant construction project was completed on January 31, 2013, and the Defendant and the Nonparty Company settled the construction cost of the instant construction project in the final amount of KRW 5,197,490,600 (excluding KRW 519,749,060) around the end of January 2013, and the remainder of the construction cost unpaid until February 5, 2013 is KRW 59,156,710.

(1) In any of the following cases where a contract for construction works has been made, an immediate upper tier contractor shall directly pay workers an amount equivalent to wages (limited to wages arising from the relevant construction works) which a subcontractor is obligated to pay, at the request of workers employed by the subcontractor within the scope of bearing the subcontractor's obligation to pay the subcontract price

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