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(영문) 서울중앙지방법원 2015.02.26 2014가단126368
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. A. On September 9, 2013, Hung Construction Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) awarded a contract for the construction of new construction of the office buildings of the original regional environmental office in the Hani-si, Kui-si, Kui-si, 960, Kui-si, Kui-si, the Seoul Regional Environmental Office (hereinafter “Ui-si”), concluded a subcontract with the Plaintiff for the construction cost of KRW 239,80,000, the construction period of which was from September 9, 2013 to November 30, 2013 (hereinafter “instant subcontract”), and the advance payment of KRW 71,00,000,000,000, out of the payment, shall be paid within 30 days after entering into the contract, and the progress payment shall be paid by the 15th day of the following month after the settlement of accounts.

B. While receiving advance payment from the non-party company and performing the subcontracted project of this case, the Plaintiff discontinued the construction project as it did not pay the progress payment once.

Accordingly, on January 20, 2014, the Plaintiff, the Defendant, and the Nonparty Company indicated the contract amount of the instant subcontract as “168 million won” in the column for “subcontract terms” and drafted a direct payment agreement with the following contents:

hereinafter "Agreement on Direct Payment in this case", and "Agreement on Direct Payment in this case" is "Agreement on Direct Payment in this case."

In accordance with Article 14 of the Fair Transactions in Subcontracting Act, the subcontract price corresponding to the part executed by the Plaintiff out of the original contract price arising from the construction after the Defendant paid directly to the Plaintiff in accordance with the subcontract of this case shall be paid directly by the Defendant after deducting the original contract price from the original contract price, and the non-party company shall notify the Plaintiff of the transfer to the Defendant with a certificate with a fixed date.

b. The non-party company should apply for the content of the part executed by the plaintiff at the time of the pre-inspection and the completion inspection and separate the claim for the construction cost.

(c).

Since then, the Plaintiff completed the subcontracted project, and the Defendant on April 1, 2014.

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