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(영문) 대구지방법원 2018.02.08 2017가단16812
공사대금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 34,150,00 and 5% per annum from September 21, 2016 to July 10, 2017.

Reasons

1. Facts of recognition;

A. On December 30, 2015, Defendant Cypt Construction Co., Ltd. (hereinafter referred to as Defendant Cypt Construction Co., Ltd) was awarded a contract with Defendant Bypting Board (hereinafter referred to as Defendant Bypting Board) for the new construction of Wypting Board by the contract amount of KRW 2.365 billion and the construction period from January 20, 2016 to October 20, 2016.

B. The Plaintiff was subcontracted from the construction of the above church to the contract price of KRW 78,650,00 among the above church construction works, and the construction period from March 25, 2016 to September 20, 2016.

C. On March 2016, the Plaintiff and the Defendants entered into a direct payment agreement (hereinafter “instant direct payment agreement”) with respect to the said subcontract (hereinafter “instant subcontract”) between the Plaintiff and Defendant Burial Construction.

1. In a subcontract between the above contractor and subcontractor, I agree between the ordering person, contractor and subcontractor to pay directly the subcontractor the subcontract price executed by the subcontractor under Article 35 (2) of the Framework Act on the Construction Industry;

2. The contractor shall apply for the method and procedure for the direct payment of the subcontract consideration by classifying the details of the portion executed by the subcontractor at the time of the technical examination and completion inspection, and request the request for the payment of the subcontract consideration separately, and the ordering person shall pay the subcontract consideration directly in the account

(The details of the deposit account are omitted)

3. Pursuant to the provisions of Article 35 (5) of the Framework Act on the Construction Industry, the ordering person may choose not to pay the subcontract price directly to the subcontractor if the subcontractor requests the suspension of the direct payment of the subcontract price with documents proving that the subcontractor delays the payment of wages, material costs, etc. for the subcontract.

On March 2016, the project owner: the one supervisory branch A contractor: the one supervisory branch B subcontractor: the other supervisory branch C

D. The Plaintiff is the subcontractor of this case.

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