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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a stock company with the purpose of timber and joint wholesale business. The Plaintiff has a claim for the bills accrued while maintaining transactional relations until September 2013, 2013.
B. On September 26, 2013, Pakistan was unable to repay due to the aggravation of its financial standing.
C. On April 16, 2014, the Defendant filed a lawsuit against the same person with Busan District Court Decision 2014Kadan28981, and on June 30, 2016, on the ground that “the same person is an ordering person under the Fair Transactions in Subcontracting Act (hereinafter “subcontract”), and Pakistan is the principal contractor, and the Defendant is the subcontractor, and the same subcontractor is the principal contractor, and the Defendant is liable to pay the Defendant, who is the subcontractor, the subcontractor, the subcontract price of KRW 50 million, and the delay damages therefor, the same amount is paid to the Defendant at the rate of KRW 50 million per annum from February 11, 2014 to the day of full payment (hereinafter “instant judgment”).” (hereinafter “instant judgment”).
The defendant filed an appeal against the judgment of this case as Busan District Court 2016Na7705.
The above appellate case is pending as of the date of the closing of argument in this case.
(e) Where any of the following causes occurs, the person ordering shall directly pay the subcontract consideration corresponding to the part manufactured, repaired, constructed, or provided services to the subcontractor:
1. Where the principal contractor is unable to pay the subcontract price due to the suspension of payment, bankruptcy or other causes similar thereto, or the permission, authorization, license, registration, etc. of the principal contractor, and the subcontractor requests a direct payment of the subcontract price.