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(영문) 광주지방법원 2017.02.02 2016가단9983
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On July 15, 2015, the Defendant was awarded a contract for “to the roof of a soil market and the ice Repair Work” from the Seoul Special Self-Governing Province.

B. In December 2015, the Defendant drafted the “Agreement on Direct Payment of Materials (Direct Payment)” which includes the Plaintiff and the following contents, and the written request for direct payment of KRW 117,700,000 and written statement of direct payment of the material price to the above-interest group, but did not receive the seal affixed by the party ordering the above direct payment agreement.

The name of the original contract: The contract price for the construction work for the roof of the Saturdays market and the ice Repair Project: the contract price for the construction work: the original contract price for the materials supply contract from July 15, 2015 to November 16, 2015: the original contract price for the construction work other than the goods supply contract for the roof and the ice supply: 117,700,000 won: the Defendant Supplier: Plaintiff 1); the material price for the materials supply contract between the original contractor and the supplier under the above contract for construction work; Article 35 of the Framework Act on the Construction Industry; Article 29 of the Enforcement Rule of the Fair Transactions in Subcontracting Act; Article 14 of the Fair Transactions in Subcontracting Act; and Article 4 of the Enforcement Decree of the same Act; 2) the method and procedure for direct payment of the materials price directly to the supplier.

A. In principle, the original contractor shall apply for the classification of the parts executed by the supplier at the time of the pre-inspection and the completion inspection and separate the details of the parts for which the supplier performed and the request for the payment of the material price is made. In extenuating circumstances, the original contractor may file a lump sum application and claim, but the material price shall

(b) The obligation to pay the price to the original contractor by the ordering person and the obligation to pay the material price to the original contractor by the original contractor shall be deemed extinguished within the scope of Article 14 of the Fair Transactions in Subcontracting Act.

[Ground of recognition] The fact that there is no dispute, Gap 2-2-2-2-2-2-2, Eul 5-1-5-3, 8, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion was contracted between the Defendant and the Defendant around October 2015.

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