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1. The Plaintiff:
A. Defendant Handong Construction Co., Ltd.: 115,302,021 won and its related amount from September 6, 2016 to October 26, 2017
Reasons
1. Basic facts
A. On February 3, 2016, the Plaintiff entered into a subcontract for construction with the Defendants (joint entrepreneurs: 60% of the shares of Defendant Handong Construction, 20% of the construction, and 20% of the Defendant Construction). The Defendants entered into a subcontract with the Defendants (hereinafter referred to as the “instant subcontract”) with respect to the removal works among the construction works (the first subdivision) for the reconstruction works of the Mine Center located in 13 roads 62 roads, as the Seoul National Assembly, that was contracted by the Republic of Korea (competent Ministry: the Ministry of Patriots and Veterans Affairs).
B. Around February 2016, the Minister of Patriots and Veterans Affairs of the Republic of Korea, the Defendants, the contractors, and the Plaintiff, the subcontractors, pursuant to the instant subcontract agreement, agreed to pay the subcontract price directly to the Plaintiff by the Republic of Korea, and drafted a direct payment agreement on the subcontract price (hereinafter “instant direct payment agreement”), and the main contents thereof are as follows.
The subcontract price shall be paid directly to the subcontractor pursuant to Article 35 of the Framework Act on the Construction Industry, Article 29 of the Enforcement Rule of the same Act, Article 14 of the Fair Transactions in Subcontracting Act, and Article 14 of the Fair Transactions in Subcontracting Act, among the construction works (the first portion) for reconstruction projects of the Gwanpy Center (the construction works for the construction works for the Gwanpy Center), the first contract amount of KRW 10,000,000,000,000,000 won for the first contract amount of the removal construction works (the first portion) from November 12, 2016, among the construction works for the reconstruction projects of the Gwanpy Center (the first portion) of the construction works for the Gwanpy Center under the original contract terms and conditions of the contract.
2. The method and procedure for direct payment of the subcontract price - The details of the work performed by the subcontractor shall be divided.