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(영문) 제주지방법원 2020.07.21 2019가단2178
공사대금
Text

1. The plaintiff (appointed party)'s claim is all dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. On May 22, 2018, the Defendant ordered G and H (hereinafter referred to as “original beneficiary”) for construction work by setting the work cost of JLAD and rooftop interior works as KRW 280,00,000 and construction period as of July 8, 2018, and paid the down payment of KRW 112,000,000 on the same day.

B. On July 17, 2018, the Defendant and the original beneficiary entered into a contract with the original beneficiary to increase the construction cost by KRW 520,000,000 in total, including additional construction works, and to change the construction period until August 10, 2018.

C. By October 31, 2018, the Defendant paid a total of KRW 554,738,000 to the original beneficiary as the construction cost of this case.

On May 2018, the Plaintiff, among the instant construction works, was awarded a subcontract for 78,00,000 won for painting construction work, 26,500,000 won for the construction work by the Appointed C, 28,000,000 won for the construction work by the Appointer D, 110,000,000 won for the construction work by the Appointer E, 110,000,000,000 for the miscellaneous construction work by the Appointer E, and Appoint F, 67,00,000,000 won for the removal work.

[Reasons for Recognition] Facts without dispute, Gap 1 through 7 evidence, each entry of Eul 1 and 2 evidence (including numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The asserted original beneficiary did not pay the construction cost stated in the purport of the claim, stating that “The additional construction cost of KRW 300,000 has occurred in relation to the instant construction work, but the Defendant, who is the ordering person, did not pay the said money, failed to pay the construction cost to the Plaintiff and the designated person.”

Since the Defendant, who is the ordering person, committed the direct payment of the instant construction cost to the Plaintiff and the designated parties, the ordering person is an ordering person under Articles 14 and 14 (Direct Payment of Subcontract Price) of the Fair Transactions in Subcontracting Act (hereinafter “subcontract Act”).

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