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(영문) 서울중앙지방법원 2018.07.18 2017가합550693
공사대금
Text

1. Defendant D Co., Ltd. shall be KRW 99,00,000, and KRW 33,000,000 to Plaintiff B Co., Ltd., and the Plaintiff.

Reasons

1. Basic facts

A. On November 18, 2015, Defendant E Co., Ltd. (hereinafter “Defendant E”), the principal contractor, was awarded a contract for the construction work that newly constructs Defendant D’s Ansan-style houses on the former F’s ground (hereinafter “instant construction work”) on the part of the Defendant D Co., Ltd. (hereinafter “Defendant D”), the owner of which was the principal contractor, with the construction cost of KRW 9.24 billion (including value-added tax; hereinafter the same shall apply), and entered into each subcontract (hereinafter “each of the instant subcontract”) with the subcontractor, as described below, according to the sequence below.

Serial 1 Plaintiff Co., Ltd., Ltd., Ltd., (the construction period) on May 26, 2016 (from June 1, 2016 to August 31, 2016) 80,000,000 won, among the instant construction works, KRW 2 Plaintiff B, May 16, 2016 (from June 1, 2016 to August 31, 2016), KRW 55,500,000 among the instant construction works, KRW 30,30,000,000 among the instant construction works, KRW 30,000,00 won (from March 14, 2016 to September 30, 2016).

B. On June 30, 2016, Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”) drafted a direct payment agreement of subcontract consideration (hereinafter “each of the instant direct payment agreements”) with Defendant D, the principal contractor, and Defendant E, respectively, on March 14, 2016. The main contents of each of the instant direct payment agreements are 1.3 in the subcontract between the said contractors (Defendant E) and the subcontractor (Plaintiffs) under Article 14 of the Fair Transactions in Subcontracting Act. The ordering person (Defendant D) directly pay subcontract consideration to the subcontractor (Plaintiffs) pursuant to Article 14 of the Fair Transactions in Subcontracting Act.

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