(영문) 서울남부지방법원 2020.07.15 2018가단256416

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(영문) 서울남부지방법원 2020.07.15 2018가단256416

공사대금

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1. The plaintiff's claim is dismissed.

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

Reasons

The Defendant: (a) prepared a contract with C (hereinafter referred to as “C”) on January 26, 2017; (b) KRW 1.474 billion; (c) the construction period from January 26, 2017 to March 15, 2018; and (d) completed the contract (hereinafter referred to as “civil engineering works”); (d) KRW 9.515 billion; (c) the construction period from January 26, 2017 to March 15, 2018; (d) the Plaintiff entered into a contract with C on March 22, 2017; (e) the Plaintiff’s subcontracting contract with the Plaintiff for the subcontracted construction works (hereinafter referred to as “subcontract”) for the specific period from January 26, 2017 to March 26, 2017; and (e) the subcontracted construction works for the period from January 26, 2017 to March 28, 2017 to December 28, 2017.

The Plaintiff: (a) completed the instant subcontract construction project on June 4, 2017 and received KRW 111,100,000 as the construction price; and (b) filed a direct claim with the Defendant around October 24, 2018, for the payment suspension of payment by C; (c) the Plaintiff asserted that the Defendant is liable to pay directly the said money that C did not pay to the Plaintiff pursuant to Article 14 of the Fair Transactions in Subcontracting Act (hereinafter “subcontract Fair Transactions Act”) and Article 9 of the Enforcement Decree of the same Act, insofar as the instant construction project and the instant construction project have not been paid by the Defendant.

In regard to this, the Defendant, as a separate contract between the instant civil works and the instant new construction works, paid C the price of KRW 1,455,300,000 for the completed cost of the instant civil works, including the instant subcontracted works, by April 2018, which included both the Plaintiff’s portion of the subcontracted works, and thus, the Plaintiff cannot seek such payment.

Article 14 of the Subcontract Fair Transactions Act shall apply to a subcontractor of a certain subcontract transaction.

참조조문

-하도급거래 공정화에 관한 법률 제14조

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