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1. The Defendant’s KRW 92,00,000 as well as 5% per annum from June 29, 2016 to February 7, 2018 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On December 10, 2015, the Defendant awarded a contract to the non-party mining enterprise (hereinafter referred to as the “non-party mining enterprise”) for the Corporation, the Plaintiff is the subcontractor who was awarded a subcontract for the panel and Changho Construction Work among the above construction works from the mining power plant that is the principal contractor of the said Corporation to KRW 96,000,000 (including value-added tax).
(hereinafter referred to as the “instant subcontracting Corporation”. (b) The Plaintiff’s team and Changho Lake Corporation.
The Plaintiff completed the instant subcontracted project from December 10, 2015 to February 28, 2016.
C. On June 29, 2016, the Plaintiff, the Defendant, and the mineral power plant directly pay the Plaintiff KRW 92,000,000 of the subcontract price of the instant case to the Plaintiff, and specified the Plaintiff’s agricultural account (D), and on the other hand, the Plaintiff’s obligation to pay the price to the contractor and the obligation to pay the subcontract price to the subcontractor of the contractor are deemed extinguished within the scope pursuant to Article 14 of the Fair Transactions in Subcontracting Act (hereinafter “the instant subcontract payment agreement”).
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2, purport of the whole pleadings
2. Judgment on the parties' arguments
A. According to the facts acknowledged on the ground of the Plaintiff’s claim, prior to the direct payment of the subcontract price in this case, the Plaintiff already occurred, and Article 14(1)2 of the Fair Transactions in Subcontracting Act stipulates that if the ordering person, the principal contractor, and the subcontractor agree to pay the subcontract price directly to the recipient of the subcontract price, the ordering person shall directly pay the subcontractor the subcontract price corresponding to the part executed by the subcontractor. Thus, the Plaintiff’s right of direct payment of the subcontract price in this case, which is the subcontractor, shall arise.