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(영문) 청주지방법원 영동지원 2018.07.20 2017가단3917
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 113,437,50 and the interest rate of KRW 15% per annum from June 17, 2017 to the date of full payment.

Reasons

1. Basic facts

A. On April 8, 2015, the Defendant entered into a contract with 10,685,163,450 won for the construction cost of the construction work of the Minecheon Middle School (hereinafter “instant construction work”).

B. On April 20, 2016, the original beneficiary entered into a subcontract with the Plaintiff and the instant construction works, which determined the construction cost of KRW 115,50,000 and the construction period from April 20, 2016 to July 7, 2016.

C. In accordance with Article 35 of the Framework Act on the Construction Industry on July 20, 2016 and Article 14 of the Fair Transactions in Subcontracting Act, the Plaintiff, the Defendant, and the original beneficiary agreed to pay the price directly to the Plaintiff.

After completion of the instant construction, the original beneficiary received confirmation of completion on November 18, 2016.

E. Around March 2017, the Plaintiff agreed to settle the amount of the completion money for the flooring construction of the instant construction project with the original recipient as KRW 113,437,500 during the instant construction project. On April 19, 2017, the Plaintiff requested the Defendant to make a direct payment of the subcontract price adjusted as above.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 and 4 (including paper numbers), the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of recognition as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the construction cost of KRW 113,437,500 and the delay damages for the construction project during the instant construction, unless there are special circumstances.

B. The defendant's assertion 1) The defendant's assertion that the defendant is a party to a local government (hereinafter "Local Contract Act") may pay the construction cost when the party to the contract claims the construction cost from the party to the contract pursuant to Article 18 (2) of the Act on Contracts to Which a Local Government Is a Party ("Local Contract Act"). The plaintiff is not the party to the contract, but the plaintiff'

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