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(영문) 서울중앙지방법원 2016.08.25 2015가단5028244
공사대금
Text

1. The Defendant paid KRW 31,352,539 to the Plaintiff KRW 5% per annum from March 5, 2015 to August 25, 2016.

Reasons

1. Facts of recognition;

A. On April 3, 2014, a lot Construction Co., Ltd. (hereinafter referred to as “shot Construction”) ordered the Defendant to contract the 1,384,90,900,000 construction cost of the ground-based landscaping construction work among the construction works on the ground C points, such as Suwon-si, Suwon-si, Suwon-si, with the construction cost of KRW 1,032,90,000 for the Roof 1,457,760,000 for the construction cost of May 19, 2014 (this year increased to KRW 1,457,760,000 for the construction cost of KRW 1,09,890,000 for the construction cost of KRW 1,09,890,000 for the rooftop construction work on May 19, 2014.

(hereinafter “each of the instant construction works”). (b)

On June 20, 2014, the Defendant subcontracted the construction period of the installation works for each of the instant construction works to the Plaintiff at KRW 302,50,000, the contract amount from June 20, 2014 to July 10, 2014.

(hereinafter “instant subcontract”). On July 11, 2014, the Plaintiff and the Defendant entered into a modified contract with the content that the contract amount shall be KRW 571,780,000 (hereinafter “instant modified contract”) as of August 5, 2014, on which the date of completion of construction pursuant to the instant subcontract was changed to KRW 571,780,00 (hereinafter “instant modified contract”).

C. On July 12, 2014, the Plaintiff, the Defendant, and the Dol Construction agreed to make a direct payment with the following content.

(hereinafter “The instant direct payment agreement” refers to “the instant direct payment agreement.” The instant direct payment agreement includes a lot construction as the contractor, and the Defendant is indicated as the subcontractor. From the perspective of the implementer of a new construction project, the lot construction constitutes the contractor and the Defendant. However, Article 2(10) of the Fair Transactions in Subcontracting Act provides that “in the case of a re-subcontract, the ordering person refers to the principal contractor.” Accordingly, in the instant case, the person ordering construction is the client of a lot, the Defendant is deemed the principal contractor, and the Plaintiff is deemed the subcontractor).

1. Contract name: New construction of C points;

2. Title of subcontracted construction works: Landscape construction works;

3. Contract amount: 571,780,000 won (including value-added tax);

4. Contractor: Construction of a lot;

5. Subcontractors: Defendant’s subcontractor’s construction amount (e.g., gold and completion amount) incurred in connection with the above subcontracted projects.

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