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(영문) 서울중앙지방법원 2019.01.10 2018가단5118704
공사대금
Text

1. The Defendants jointly share KRW 45,373,00 with respect to the Plaintiff and KRW 15,00 per annum from July 31, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. Defendant B Co., Ltd. (hereinafter “Defendant B”) ordered a new construction of an apartment house on the land outside Seopo-si and one parcel, and ordered the said new construction work to Defendant C Co., Ltd (hereinafter “Defendant C”) around July 12, 2016.

B. On February 20, 2017, the Plaintiff was awarded a subcontract by Defendant C for the part of the said new construction project (hereinafter “instant subcontracted project”) with the construction cost of KRW 195,373,00, and the commencement date of construction on February 20, 2017 and May 31, 2017 on the completion date of construction.

C. On February 21, 2017, the Plaintiff and the Defendants entered into a direct payment agreement (hereinafter “instant direct payment agreement”) with the following terms and conditions that Defendant B should pay the subcontract price directly to the Plaintiff. The direct payment agreement for the subcontract price was concluded.

1. Agreement between the ordering person, contractor and subcontractor to pay the subcontract price corresponding to the portion executed by the subcontractor in the subcontract between the said contractor and subcontractor pursuant to Article 35(2) of the Framework Act on the Construction Industry;

2. The contractor shall apply for the method and procedure of the direct payment of the subcontract price by classifying the details of the portion executed by the subcontractor at the time of the performance inspection and completion inspection, and shall also request the subcontractor to pay the subcontract price separately, and the project owner shall order the subcontractor to pay the subcontract price directly in the following accounts:

The Plaintiff completed the subcontracted project by May 31, 2017, and delivered the object completed to the Defendants.

E. From March 17, 2017 to June 2, 2017, the Plaintiff received a total of KRW 100 million from Defendant C, and the total of KRW 50 million from Defendant B on July 12, 2017 and August 1, 2017, respectively, and did not receive a subcontract price of KRW 45,373,00.

F. The relevant provisions regarding the instant case are as follows:

[The Framework Act on the Construction Industry] Article 35 (Direct Payment of Subcontract Price) (2) The project owner falls under any of the following subparagraphs:

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