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(영문) 수원지방법원 2019.09.25 2018나77647
임금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. The reasons for this court’s acceptance of the judgment of the first instance are as follows, except for the addition of the following “2. additional determination” to the assertion that the Plaintiff emphasizes or adds “Defendant M” as “Defendant D,” the fourth part of the judgment of the first instance as “Defendant D” and the Plaintiff emphasizes or adds “2. Additional determination” under the main sentence of Article 420 of the Civil Procedure Act, thereby citing it.

2. The Plaintiff asserts that the Defendant Company should pay the Plaintiff the subcontract price amount of KRW 135,104,690 and the delay damages for the payment thereof, on the ground that the Plaintiff’s additional determination constitutes “if the prime contractor fails to pay the subcontract price twice or more times to the subcontractor in question pursuant to Article 13(1) or (3)” and “if the prime contractor fails to fulfill the obligation to guarantee the payment of subcontract price under Article 13-2(1) or (2), when the subcontractor requests a direct payment of subcontract price,” under Article 14(1)3 of the Subcontract Act.

In order for the Plaintiff, a subcontractor, to directly claim the construction cost on the basis of Article 14(1)3 and 14(1)4 of the Subcontract Act for the Defendant Company, the subcontractor, the Plaintiff, a subcontractor, falls under “small and Medium Business Operators” under Article 2(3) of the Framework Act on Small and Medium Enterprises and Article 3 of the Enforcement Decree of the same Act, which corresponds to the subcontractor pursuant to Article 2(10) and (3) of the same Act, and is “D below the first instance co-defendant corresponding to the principal contractor.”

Pursuant to Article 2(10), (2)1, and 2 of the Subcontract Act and Article 2(4)2 of the Enforcement Decree of the same Act, a small and medium entrepreneur who is not a small and medium entrepreneur, but has entrusted a small and medium entrepreneur with manufacturing, etc., or a small and medium entrepreneur whose annual sales in the immediately preceding business year are higher than the annual sales in other small and medium entrepreneurs entrusted with manufacturing, etc.

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