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(영문) 서울중앙지방법원 2015.09.18 2013가합7900
공사대금
Text

1. Defendant C Co., Ltd.: (a) with respect to KRW 76,890,00 and KRW 33,90,000 among the Plaintiff, from October 1, 201 to 42,90.

Reasons

1. Basic facts

A. On April 4, 2011, the Plaintiff accepted a subcontract for the construction cost of E-school interior works from Defendant C during the period from April 4, 2011 to April 30, 201, by setting the construction cost of KRW 198,000,000 (including value-added tax) and the construction period from April 4, 201 to April 30, 201, and completed the said construction work on April 30, 201.

B. On July 25, 2011, the Plaintiff accepted a subcontract for G partial repair works in Gangnam-gu Seoul from Defendant C by setting the construction cost of KRW 113,300,000 (including value-added tax) and the construction period from July 26, 201 to August 31, 201. The Plaintiff completed the said construction works on August 31, 201.

C. On October 31, 201, the Plaintiff accepted the subcontract for H’s renovation and repair works from Defendant C by determining the construction cost of KRW 143,00,000 (including value-added tax) and the construction period from November 7, 201 to December 1, 201, and completed the said works on February 3, 2012.

(hereinafter referred to as “instant construction,” in total of the foregoing construction works D.

Defendant C and the Plaintiff agreed to pay the instant construction cost at the end of the month following the completion of the construction work.

E. Defendant B is the client who ordered the instant construction to Defendant C.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including provisional number; hereinafter the same shall apply) and the purport of whole pleadings

2. Judgment as to the main claim

A. Since Defendant C, the principal contractor of the Plaintiff’s assertion, was unable to pay the subcontract price to the Plaintiff, the subcontractor, due to the current suspension of payment, bankruptcy, and other similar causes, Defendant B is obligated to pay the subcontract price unpaid under the instant subcontract to the Plaintiff, who requested the direct payment of the subcontract price pursuant to Article 14(1)1 of the Fair Transactions in Subcontracting Act (hereinafter “subcontract”).

B. Article 14(1)1 of the Subcontract Act provides that a principal contractor may pay the subcontract price on the grounds of suspension of payment, bankruptcy, or other similar reasons of the principal contractor.

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