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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 Defendant is a company contracted for the Newly constructed E in Gyeyang-si with D Co., Ltd., and F Co., Ltd. (hereinafter referred to as “F”) is a company subcontracted for civil engineering works among the above newly constructed works by the Defendant, and G Co., Ltd. (hereinafter referred to as “G”) is a company for which F has performed the remaining works after the said new works were abandoned by F.
B. On June 20, 2016, the Defendant issued a subcontract to G by setting the contract amount of the remaining works during the said civil works as the contract amount of KRW 530,214,236, and the construction period from June 20, 2016 to October 31, 2016.
C. Meanwhile, while the Plaintiff was awarded a subcontract for L.Wing construction among the above civil engineering works (hereinafter “instant construction works”), and completed it, the Plaintiff was not paid the construction cost of KRW 32,835,000 (hereinafter “instant construction work”).
Accordingly, on August 3, 2016, the Plaintiff and G requested a direct payment of the instant construction cost to the head of the Defendant’s headquarters, who is the head of the said new construction site, and the head of the Defendant’s headquarters attached the Defendant’s seal impression to the agreement on the direct payment of equipment rental (direct payment) with the following contents (hereinafter “instant direct payment agreement”).
1.In leasing equipment by leasing between a contractor (G, hereinafter the same shall apply) and a subcontractor (the plaintiff, hereinafter the same shall apply) under the above construction contract, the agreement to pay directly to the subcontractor pursuant to Article 35 of the Framework Act on the Construction Industry, Article 29 of the Enforcement Rule of the same Act, Article 14 of the Fair Transactions in Subcontracting Act, and Article 4 of the
2. The method and procedure for the direct payment of the subcontract price shall be applied for by classifying the details of the equipment transport loan lent by the subcontractor, and the request for the payment shall also be made separately, and the principal contractor (the defendant; hereinafter the same shall apply) shall decide to pay the equipment transport loan to the subcontractor in the following account:
The subcontractor’s deposit account (Omission of the Account)
3. The prime contractor shall be the contractor pursuant to the provisions of Article 35 (5) of the Framework Act on the Construction Industry; and