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(영문) 서울중앙지방법원 2017.02.16 2015가단5292502
하도급대금직접지급
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 24, 2013, the Seoul Gangnam-gu D Building Construction Co., Ltd. (hereinafter referred to as “TAD”) concluded a contract for construction works (hereinafter referred to as “instant construction works”) with the Defendant, the construction cost of KRW 13,500,000 for the instant construction works, and the construction period of KRW 15,00,00 for the construction period from June 25, 2013 to June 24, 2015 was determined and awarded a contract by the Defendant.

B. On February 18, 2015, the discontinuance construction of the instant construction was suspended due to a default on duty by a policeman, and at the time, 79.49% of the period of the instant construction was 79.49%, and the Defendant notified that the instant construction would resume the instant construction project on three occasions at around March 4, 2015, around March 12, 2015, and around March 13, 2015, the instant construction was not resumed, and on March 18, 2015, notified that the instant construction would terminate the instant construction contract on the ground of the discontinuance of the construction project, and the said notification reached around March 19, 2015.

C. The Defendant paid the construction cost of KRW 9,945,900,000 as the instant construction cost before the termination of the instant construction contract (pre-paid KRW 1,350,000 as the pre-paid construction cost of KRW 8,595,90,00 as the pre-paid construction cost of KRW 8,595,90,00 as the value-added tax).

On April 7, 2015, the Defendant concluded a contract for the additional construction works with Korea-Japan Development Co., Ltd. (hereinafter “Korea-Japan Development”), setting the construction cost for the remainder of the instant construction works as KRW 3,125,000,000.

E. The Defendant requested direct payment of the subcontract price and paid the subcontract price of KRW 2,779,125,678 in total from the subcontractors of the contract construction including the Plaintiff in connection with the instant construction project, and directly paid the subcontract price of KRW 1,017,746,40 in total as indicated below.

On July 14, 2015, 201. 145, 446,400 Won 2, 145, 400 on November 2015, 2015, the payment amount of the subcontract work by the No. 1 corporation for the business name of the company was 3 ppuri Engineering Co., Ltd. 38,50,000 on November 20, 2015.

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