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(영문) 서울중앙지방법원 2016.01.13 2015가합537429
공사대금
Text

1. The Defendant’s KRW 466,843,834 as well as the Plaintiff’s KRW 3.88% per annum from November 5, 2015 to January 13, 2016, and the following.

Reasons

1. Facts of recognition;

A. The status of the parties is the ordering person as prescribed by the Fair Transactions in Subcontracting Act (hereinafter “subcontract”), the Ulsan Construction Co., Ltd. (hereinafter “Suld Construction”) is the principal contractor, and the Plaintiff is the subcontractor.

B. On October 4, 2012, the Defendant entered into a contract for joint performance (hereinafter “instant contract”). As to the construction work in the form of joint performance consisting of Ulsan Construction (56% in equity ratio), Cheongjin Comprehensive Construction Co., Ltd. (22% in equity ratio), and E.S. Construction Co., Ltd. (hereinafter “Co., Ltd.”), the Defendant entered into a contract for the construction work in the form of joint performance (hereinafter “instant contract”). As to the construction work in the form of joint performance (hereinafter “construction in the form of joint performance”) and the application for construction work in the Republic of Korea Consumer Agency located in Chungcheong-gun, Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-gun, Chungcheongnam-do, the contract amount of KRW 39,028,074,284, and the construction period from October 15, 2012 to June 6, 2014 (hereinafter “instant contract”).

C. On March 28, 2014, the Plaintiff entered into a subcontract agreement and a direct payment agreement on the subcontract price (hereinafter “instant subcontract agreement”) with Ulsan Construction, etc., and with respect to landscaping works among the instant prime contractor (hereinafter “instant prime contractor”) with respect to the construction cost of KRW 1.865 million (82.03% of the subcontract price), and the construction period of which was fixed from March 28, 2014 to June 6, 2014 (hereinafter “instant subcontract”). On April 30, 2014, the Plaintiff, the subcontractor, the Defendant, and the principal contractor, agreed to pay the Plaintiff the price for the instant subcontract directly.

According to the subcontract agreement of this case, the plaintiff may claim the representative company for the payment of the completed amount once a month.

Accordingly, the Plaintiff completed 77.246% of the subcontracted project of this case on August 2014, and delivered the above part to the Defendant on August 31, 2014, and thereafter, the Defendant around that time.

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