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(영문) 창원지방법원마산지원 2020.07.22 2018가합100786
물품대금
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. The relationship between the parties 1) The Plaintiff is a small and medium entrepreneur under the Framework Act on Small and Medium Enterprises that operates the design, manufacture, trial, publication, and operation of a factory automation facility, and the Fair Transactions in Subcontracting Act (hereinafter “subcontract Act”).

Article 14 (Direct Payment of Subcontract Price) (1) Where any of the following causes occurs, the person placing an order shall directly pay the subcontract price corresponding to the portion of manufacture, repair, construction, or service performed by the principal contractor to the subcontractor: 1. Where the principal contractor is unable to pay the subcontract price due to the suspension of payment, bankruptcy, or any other similar cause, or the permission, authorization, license, registration, etc. for his/her business, and where it becomes impossible for the principal contractor to pay the subcontract price due to the revocation of the permission, authorization, license, registration, etc. for the principal contractor, and where any cause under paragraph (1) occurs.

hereinafter the same shall apply.

b)in cases of entrusting repair, construction, or services, or in cases where the principal contractor re-commissions the subcontractor with what he/she has been entrusted with by another business operator, such entrustment (hereinafter referred to as "manufacturing, etc.")

) The subcontractor who has been entrusted (hereinafter referred to as “object, etc.”)

(C) the supply, delivery, or provision (hereinafter referred to as “supply, etc.”) to the principal contractor by manufacturing, repairing, constructing, or providing services.

(i)the cost of the subcontract (hereinafter referred to as "subcontract").

action under subsection (1) of this section.

(2) The term "original business operator" in this Act means any of the following persons:

1..

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