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(영문) 제주지방법원 2019.05.07 2017가단7674
공사대금
Text

1. The Defendants jointly and severally agreed to the Plaintiff KRW 41,00,000 and Defendant C Co., Ltd. with respect thereto from July 25, 2017.

Reasons

1. Facts of recognition;

A. On April 1, 2017, Defendant C Co., Ltd. (hereinafter “Defendant C”) entered into a contract for construction works of reinforced concrete (the first portion; hereinafter “instant primary construction”) among the construction works of apartment houses on the ground of E-owned housing (the first portion; hereinafter “instant primary construction”) with the Plaintiff during the construction period of KRW 37,000,00 and the period of construction from April 3, 2017 to April 17, 2017.

Upon completion of the instant primary construction, Defendant C agreed to pay the construction cost of the instant primary construction by June 30, 2017, May 29, 2017.

B. On April 11, 2017, Defendant C entered into a subcontract for construction of reinforced concrete (hereinafter “the instant secondary construction”) with the term of contract amount of KRW 24,00,000, and the construction period from April 12, 2017 to April 30, 2017, among the construction of the instant apartment house that was contracted by Defendant D with Defendant D. (hereinafter “instant secondary construction”).

Upon completion of the instant secondary construction, Defendant C agreed to pay the construction cost of the instant secondary construction by June 30, 2017, May 29, 2017.

C. At the time of the process of the instant construction works, the Defendants and the Plaintiff entered into a direct payment agreement (direct payment) on the subcontract price (hereinafter “instant agreement”) with respect to the instant 1 and 2 construction works as follows.

The ordering person: Defendant D, Contractor, and subcontractor: The terms and conditions of the original contract for the Plaintiff: New construction of the E-unit housing, the amount of the first contract, the amount of KRW 2,315,000,000, and the subcontract agreement between January 26, 2016 to May 31, 2017: The subcontract consideration between the contractor and subcontractor in the instant case is agreed to be paid directly to the subcontractor pursuant to Article 35 of the Framework Act on the Construction Industry and Article 29 of the Enforcement Rule of the same Act, Article 14 of the Fair Transactions in Subcontracting Act, and Article 4 of the Enforcement Decree of the same Act. The method and procedure for the direct payment of the subcontract consideration: the contractor shall be the subcontractor at the time of the inspection and completion inspection.

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