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(영문) 서울중앙지방법원 2014.12.18 2014가합22166
하도급대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts may be found either in dispute between the parties or in combination with Gap evidence Nos. 1 and 2 (including each number; hereinafter the same shall apply), the witness Gap's testimony, and the whole purport of the pleadings:

The Defendant is an ordering person who has entered into a contract for construction works with a pair of construction companies (hereinafter referred to as "bridge construction"). On April 27, 2012, the Plaintiff is a subcontractor who entered into a subcontract with the contract for the construction works for the said new construction works (hereinafter referred to as "the instant construction works") during the contract period of 995,50,000 won and the construction period of the said new construction works from June 14, 2012 to September 30, 2013.

B. On February 20, 2013, the Plaintiff, the Defendant, and the construction of pairs drafted an agreement with the following terms (hereinafter “instant agreement”).

Facts of the premise

1. This Agreement is prepared for a direct payment agreement of subcontract consideration under Article 14(1)2 of the Fair Transactions in Subcontracting Act (hereinafter “subcontract Act”).

In this Agreement, the defendant is the client under Article 14 (1) 2 of the Subcontract Act, the construction for a pair of uses is the principal contractor under the same provision, and the plaintiff is the subcontractor under the same provision.

Facts of agreement

2. At the request of the Plaintiff for direct payment of the subcontract price, the Defendant shall pay the construction cost incurred from the date of this Agreement to the Plaintiff directly after confirmation of the construction for pairs with the Defendant, and no objection is raised against the construction for pairs.

4. In accordance with the implementation of this Agreement, the defendant shall be deemed to have completed all obligations relating to the cost of construction in a relationship with the two-use construction works.

If the creditors, subcontractors, workers, and other interested parties, etc. of pairs construction raise an objection with respect to the contents and implementation of this Agreement, all the responsibilities shall be double-use construction, and they shall be removed from the responsibility of double-use construction.

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