(영문) 수원지방법원성남지원 2015.09.25 2015가합202076

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(영문) 수원지방법원성남지원 2015.09.25 2015가합202076

공사대금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On November 16, 2011, the Defendant entered into a contract for construction of an apartment unit of six block (seven sections) in the Nam-dong Housing Site Development Zone (hereinafter “instant contract”) with Ulsan Construction Co., Ltd. and EmbD Co., Ltd. (hereinafter the aforementioned two companies collectively referred to as “Non-Party Company”). The contract was finally changed to KRW 75,286,974,000 on August 1, 2014 following the change of design.

B. The non-party company is the Plaintiff on February 27, 2013 and the above-mentioned family.

Of the construction works described in subsection (hereinafter “instant construction works”), a subcontract was concluded between March 30, 2013 and May 22, 2014 (hereinafter “instant subcontract”) with respect to the construction cost of KRW 4,256,00,000 and the construction period of KRW 234,00,000 among the construction cost, and the Plaintiff did not receive KRW 234,00,000 out of the construction cost.

C. On October 29, 2013, the Plaintiff, the Defendant, and the Nonparty Company entered into an agreement on direct payment of the subcontract price (hereinafter “instant direct payment agreement”) with the Defendant to pay the construction price directly to the Plaintiff as to the part executed by the Plaintiff under the instant subcontract. The main contents are as follows.

- In the instant subcontract between the non-party company and the Plaintiff, the Defendant agreed to pay directly the Plaintiff the subcontract price corresponding to the portion executed by the Plaintiff pursuant to Article 35(2) of the Framework Act on the Construction Industry.

- The non-party company shall apply for the division of the part executed by the plaintiff at the time of the preliminary examination and the completion inspection, and the claim for the payment of subcontract consideration shall also be separately made, and the defendant shall pay the subcontract consideration directly to the plaintiff as

- regardless of whether construction under the instant subcontract has been actually implemented or completed.

참조조문

-건설산업기본법 제35조 제2항

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