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(영문) 인천지방법원 2016.12.14 2016가단29417
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion that the defendant entered into a contract for the supply of safety goods with respect to the non-party comprehensive construction company (hereinafter "non-party comprehensive construction company"). The plaintiff received a subcontract for the supply of safety goods from the non-party company and supplied safety goods and related materials to the non-party company, but the non-party company did not pay only part of the above price and pay the remaining 31,738,670 won.

The plaintiff is in the position of the subcontractor under the Fair Transactions in Subcontracting Act (hereinafter referred to as the "subcontract Act") and the manufacturer and supplier under the Framework Act on the Construction Industry. Thus, the defendant is obligated to pay the above price directly to the plaintiff based on the above Acts.

2. Determination:

A. Article 2(1) of the Subcontract Act provides, “If the prime contractor entrusts the subcontractor with such tasks as manufacturing (including processing), repair, construction, or services, or the prime contractor re-commissions the subcontractor with such tasks as manufacturing, repair, construction, construction, or services that are entrusted by another business entity, the subcontractor shall be entrusted with such tasks and the subcontractor shall deliver, deliver, or provide such things to the prime contractor and receive the consideration for such tasks,” and Article 2(6) of the Subcontract Act provides, “the entrustment of manufacture” shall be construed as “the entrustment of manufacture (including the manufacture of goods, the sale of goods, and the repair of goods) which fall under any of the following subparagraphs,” and Article 2(1) of the Subcontract Act provides, “the entrustment of manufacture” of goods according to the business shall be construed as “the entrustment of manufacture to another business entity:

In addition, Article 14 (1) of the Subcontract Act is equivalent to the part where the subcontractor manufactures, repairs, constructs, or provides services when any of the following causes occurs:

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