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(영문) 부산지방법원 2020.02.12 2019가합43272
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. The Plaintiff is a person conducting construction business, etc. under the trade name of “C,” and the Defendant is a company conducting construction business, etc.

B. D awarded a contract with the Defendant for multi-household construction work (hereinafter “instant construction work”). On January 20, 2017, the Defendant concluded a subcontract (hereinafter “instant subcontract”) with respect to the Plaintiff and the instant construction work, with the intention that the subcontract amount was reduced to KRW 4.5 million (excluding value-added tax, and KRW 380,554,000,000 after the reduction of the subcontract amount, and the Plaintiff made a statement unfavorable to himself/herself to the effect that the subcontract amount was reduced due to a change in the construction contents on the first date for pleading, and the Defendant also does not dispute this) and the period of construction from January 20, 2017 to April 30, 2017 (hereinafter “instant subcontract”). Direct payment agreement was concluded.

1. The project owner shall pay the subcontract price directly to the subcontractor in accordance with the contract for construction works (including the contract for construction works succession and the modified contract) and Article 35 of the Framework Act on the Construction Industry and Article 14 of the Fair Transactions in Subcontracting Act;

2. Transfer of claim for construction price;

A. A claim for the construction cost of the original contractor, regardless of whether the construction work under the above construction contract has been actually implemented or completed (i.e., a claim for the construction cost that will have been incurred in the future), shall be transferred to the subcontractor, and the original contractor shall not claim for the construction cost against

(b) In addition, the obligation to pay the price to the original contractor and the obligation to pay the subcontract price to the subcontractor by the original contractor shall be considered to have expired within the scope of Article 14 of the Fair Transactions in Subcontracting Act.

C. On April 3, 2017, the Plaintiff and the Defendant agreed to pay the subcontract price directly to the Plaintiff as follows. D and the Defendant agreed to pay the subcontract price directly to the Plaintiff.

The Plaintiff’s construction work of this case around September 2018.

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