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(영문) 수원지방법원평택지원 2020.11.18 2020가단52489
공사대금
Text

1. The defendant's KRW 22,658,006 for the plaintiff and 6% per annum from February 27, 2020 to November 18, 2020, and the following.

Reasons

1. Basic facts

A. On June 29, 2018, the Defendant contracted the construction of a long-term continuing construction project (hereinafter “instant construction project”) with C Co., Ltd and D Co., Ltd. (hereinafter “Co., Ltd.”) on the said project (hereinafter “instant construction project”), and the said companies subcontracted the road packaging construction work to E Co., Ltd. during the instant construction project.

B. On December 14, 2018, E company entered into a contract with the Plaintiff to re-subcontract the Plaintiff at KRW 102,400,000 among the instant construction works (hereinafter “instant construction works”), and agreed to settle the price under the instant contract at KRW 87,307,00,000.

C. At the time of the conclusion of the instant subcontract, the Plaintiff, the Defendant, and the E Company agreed to pay KRW 82,752,000, out of the construction cost of the instant case, to the Plaintiff, not the E Company, directly. (hereinafter “instant agreement”).

C and D demanded that the Plaintiff pay KRW 2,937,00,000 to the Plaintiff via a claim for the three-time progress payment for the instant creation project, around December 2018, and the Defendant paid KRW 2,937,00 to the Plaintiff on December 31, 2018.

E. On June 2019, the Plaintiff filed a claim with the Defendant for payment of KRW 57,937,00 for the remainder of the instant construction project. However, on June 21, 2019, the Defendant respondeded to the purport that C or D, who is a direct party to the instant construction project, would pay the subcontract price upon filing a claim for payment of the subcontract price with a direct payment agreement.

F. Around August 2019, D submitted to the Defendant a written request for completion money and a written request for transfer from an account to the F, G, and H companies that are the other subcontractors for the payment of the construction price for D and the direct payment of the construction price for the F, G, and H companies. The Defendant paid the completion money at the request of D.

On the other hand, each of the above documents submitted by D was not included by the Plaintiff as a direct payment company for construction cost.

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