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(영문) 서울중앙지방법원 2016.11.24 2015가단5076748
공사대금
Text

1. The Defendant’s KRW 81,264,730 for the Plaintiff and 6% per annum from October 31, 2014 to November 24, 2016.

Reasons

1. Basic facts

A. On June 26, 2013, Vietnam General Construction Co., Ltd. (hereinafter referred to as “VS General Construction”) concluded a construction contract with the Defendant to conclude a contract with each of the following terms: (a) the construction contract was to be executed by setting the total construction cost for the construction of a new house for the elderly located in the military unit located in the time of strike as 3,319,670,230 won (i.e., the second construction cost of KRW 234,479,480 as the first construction cost of KRW 234,085,190,750 as the second construction cost); and (b) the construction period from July 11, 2013 to December 31, 2013 (from February 21, 2014 to June 30, 2014).

(hereinafter, the above construction work is called the “instant construction work,” and the above construction contract is called the “instant construction contract”). B.

Pursuant to the instant construction contract, around August 5, 2013, the Defendant paid KRW 500,000,000 as the first advance payment to the Berne General Construction and the second advance payment around March 13, 2014, respectively.

(hereinafter referred to as “the instant advance payment” in total). Article 43 (Direct Payment, etc. of Subcontract Price) (1) Where the other party to a contract falls under any of the following subparagraphs, a contracting officer shall directly pay to the subcontractor concerned, deeming that the other party to the contract has requested the subcontractor for the payment of the price under Articles 39 and 40, with respect to an amount equivalent to the portion executed by the subcontractor during the subcontract concluded pursuant to the provisions of relevant Acts and subordinate statutes, such as the Framework Act

1. Where a judgment received by a subcontractor against the counter-party to the contract has become final and conclusive, which orders the payment of the subcontract consideration for the portion he/she executes;

2. Where the other party to a contract becomes unable to pay the subcontract price to the subcontractor due to bankruptcy, dishonor, business suspension, revocation of license, etc.;

3. Of those subject to submission of a payment guarantee letter of subcontract consideration to a subcontractor pursuant to the provisions of the Fair Transactions in Subcontracting Act or the Framework Act on the Construction Industry.

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