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(영문) 서울서부지방법원 2018.10.19 2018가단208621
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 December 14, 2015, the Defendant entered into a contract for construction works (detailed construction contracts are divided into the first, second, and third-lanes for construction works) with the content of awarding a contract for a new construction work by a fire assistant (hereinafter “instant construction work”).

On June 30, 2017, the above contract was changed several times due to changes in design, etc., and was finally changed from January 25, 2016 to June 30, 2017 to June 30, 2017. The total construction contract amount of KRW 5,607,00 (the first contract amount of KRW 635,470,000, the second contract amount of KRW 2,745,270,000, the third contract amount of KRW 2,226,327,000).

(hereinafter referred to as “the original contract of this case”). B.

On November 20, 2016, construction of the instant construction works entered into a subcontract (the instant subcontract) with the Plaintiff at KRW 704,00,000,00 of the contract price for metal, windows, and glass (the instant subcontracted works) among the instant construction works.

From November 20, 2016 to June 30, 2017, the Plaintiff agreed to the final contract amount at KRW 501,600,000, by settling accounts between the total construction cost and the general construction cost, including increase and decrease in construction volume.

1.In the instant subcontract, I agree between the ordering person, contractor (referring to a comprehensive construction) and subcontractor to pay directly to the subcontractor the subcontract price corresponding to the portion executed by the subcontractor (referring to the plaintiff) in accordance with Article 35(2) of the Framework Act on the Construction Industry.

2. Method and procedure for direct payment of the subcontract price - The contractor shall apply for the classification of the details of the portion executed by the subcontractor at the time of the performance inspection or completion inspection, and shall also request a large-scale request for payment of the subcontract price separately, and the project owner shall pay the subcontract price directly to the subcontractor in the account (account

C. As to the instant subcontract on May 29, 2017, the Plaintiff, the Defendant, and the Construction Company’s comprehensive construction are as follows.

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