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(영문) 서울고등법원 2018.07.25 2018나2009478
공사대금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

The grounds for appeal by the plaintiff who cited the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and even if the evidence submitted in the court of first instance shows the evidence submitted in this court, the fact-finding and judgment of the court of first instance are justified.

Accordingly, the reasoning for this Court regarding this case is as follows, given that the reasoning for the first instance judgment is the same as the reasoning for the judgment, except for partial dismissal or addition as follows. Therefore, it is acceptable to accept this as it is by the main text of Article 420 of

The 2nd to 15th of the judgment of the first instance shall be followed as follows.

On March 1, 2016, “B. The original Defendant and the self-ion-ion development agreed to pay the subcontract price corresponding to the part executed by the Plaintiff, a subcontractor, directly to the Plaintiff, the subcontractor.” (The above direct payment agreement does not contain any content that limits the scope of self-ion development directly paid or the amount of the construction cost.

The term “instant direct payment agreement” refers to “the instant direct payment agreement,” and the term “the direct payment agreement” written at the time is “the instant direct payment agreement.”

[.In Part 3 of the judgment of the first instance court, the term "direct payment agreement" in Part 12 of the judgment of the second instance shall be amended to "the direct payment agreement of this case".

The 4th to 5th of the final decision of the first instance shall be followed as follows.

Although there is no dispute between the parties as to the fact that the instant construction contract is subject to the Subcontract Act, the instant construction contract was concluded on March 1, 2016, which was the date of the conclusion of the instant construction contract, together with the instant direct payment agreement and the instant secondary action agreement. In addition, the right of the ordering person to directly claim the payment of the subcontract price to the subcontractor pursuant to Article 14(1) and (2) of the Subcontract Act is created between the ordering person and the subcontractor, and the subcontractor’s right to directly claim the payment to the subcontractor.

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