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1. The Defendants jointly share KRW 149,117,10 to the Plaintiff and Defendant C with respect thereto from November 11, 2017.
Reasons
1. Basic facts
A. The Plaintiff is a company running a reinforced concrete construction business, etc., and the Defendant C Co., Ltd. was “F,” and the name of the Defendant C Co., Ltd. was changed to “D,” on January 11, 2016, “D Co., Ltd.” on January 12, 2016, and “C Co., Ltd.” on September 6, 2018.
(hereinafter “Defendant Company”) is a company that runs a construction business, etc.
B. On August 21, 2015, Defendant Company entered into a subcontract (hereinafter “instant subcontract agreement”) with Defendant B for a construction project for the construction project of 4 million won per square meter of the construction cost of the instant construction project (hereinafter “instant construction project”); on April 18, 2016, the Plaintiff and the instant construction project with respect to metal hold-up construction works (hereinafter “instant sewage supply works”) (including value-added tax) for the construction cost of KRW 220,326,70 (including value-added tax) and the construction period from April 18, 2016 to May 30, 2016, with each of the subcontracting cycle (hereinafter “instant subcontract”).
C. On April 18, 2016, the Plaintiff and the Defendants entered into a direct payment agreement (hereinafter “instant direct payment agreement”) with the following terms and conditions as follows. The Plaintiff and the Plaintiff were the subcontractor of the Defendant Company with the prime contractor on April 18, 2016, the contract price of the instant construction project, the term of contract of KRW 2,344,00,000,000, from October 21, 2015 to October 31, 2016, under the name of the term of contract for the instant construction project, under the name of the term of the original payment agreement for the subcontract (direct payment).
1. In the subcontract between a contractor and a subcontractor under the above construction contract, the subcontract consideration shall be paid directly to a 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 (hereinafter “subcontract”) and Article 4 of the Enforcement Decree of the same Act.
2. Method and procedure of direct payment of the subcontract price - Details of the portion executed by the subcontractor at the time of the inspection and completion inspection.