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The defendant shall pay to the plaintiff 185,275,329 won and the interest rate of 12% per annum from August 21, 2020 to the day of complete payment.
Reasons
1. Facts of recognition;
A. On February 2019, the Defendant was awarded a subcontract for the construction of D, E-ground officetels and neighborhood living facilities at KRW 20,342,300,000 in Ansan-si by around C (hereinafter “C”) and the F Co., Ltd. (hereinafter “F”) was awarded a subcontract for KRW 1,688,50,000 among the above construction works (hereinafter “the instant construction work”) from the Defendant on August 21, 2019.
B. After July 19, 2019, the Defendant agreed to pay the full amount of the instant construction cost to F directly to F pursuant to Article 35(2) of the Framework Act on Construction Industry between C and F (hereinafter “instant direct payment agreement”).
The details of the instant direct payment agreement are as follows.
2. The method and procedure for the direct payment of the subcontract consideration shall be applied for by classifying the details of the portion executed by the sewage-grade (F) at the time of the examination of the origin and the completion of the work, and the request for the payment of the subcontract consideration shall be made separately, and the project owner (C) shall decide to directly pay the subcontract consideration to the sewage-grade in the accounts of sewage-grade ( Gwangju Bank and G).
3. Where a contractor requests the suspension of a direct payment of wages, material costs, etc. to a sewage supplier in connection with a subcontract pursuant to Article 35 (5) of the Framework Act on the Construction Industry, the ordering person may not pay the subcontract price directly to the sewage supplier if the contractor requests the suspension of a direct payment of the lower-level subcontract price, accompanied by a document evidencing that the sewage supplier delayed the payment of wages
(c)
The F, while proceeding with the instant construction, filed a claim against the Defendant on August 31, 2019 for the first gold, the second gold claim on September 30, 2019, and the third gold claim on October 31, 2019, and C directly paid the said amount claimed to F through H (former Mutual Co., Ltd. I) by a private trust administrator under the instant direct payment agreement.
(d)
F On December 31, 2019, the Defendant filed a claim for payment of KRW 400,400,000 (hereinafter “the fifth amount”).