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(영문) 대전고등법원 2020.06.03 2019나15524
공사대금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court of first instance’s explanation concerning this case is as follows, except for the addition of “2. Additional Determination” below, and thus, this case is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. Determination as to the claim for confirmation of non-existence of the payment for completed portion 1) Even if the Jung-Eup, which is the principal contractor of the Plaintiff’s claim, paid the first payment for completed portion to the Plaintiff, the subcontractor, the subcontractor, this is a matter of execution of the contract amount under the instant subcontract between the Plaintiff and the Defendant, and the settlement of the payment for completed portion was conducted at the fixed Eup market price, and even if the Plaintiff demanded the return of the payment to the Plaintiff, the above reasons alone do not affect the eligibility of the party to the non-existence of the payment for completed portion or affect the existence of the interest in the lawsuit, and thus, the decision should be obtained through substantial deliberation as to this portion. 2) The Defendant asserts that, even in this court, where the ordering person pays the payment for completed portion to the subcontractor pursuant to the direct payment agreement, the right to request the return of the payment for completed portion cannot be claimed against the Plaintiff, the principal contractor, who is the principal contractor, who is the Plaintiff, the principal contractor, who is the Plaintiff, the principal contractor, who is the Plaintiff.

In addition, even if the Plaintiff obtained a judgment confirming the absence of the above payment payment for the Defendant, the said judgment does not extend to the time of a regular Eup. Therefore, the Plaintiff’s claim against the Defendant for confirmation of the absence of the above payment for the completed portion may serve as an effective and appropriate means in resolving the dispute regarding the payment for the completed portion.

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