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(영문) 대구지방법원 2018.07.26 2018가단11296
공사대금
Text

1. The Defendant’s KRW 88,00,000 and the Plaintiff’s annual interest thereon from September 27, 2016 to May 8, 2018.

Reasons

1. The following facts are recognized in accordance with the respective descriptions of Gap evidence (a.e., omission of serial number) and the purport of the entire pleadings, either under dispute between the parties or under dispute.

A. The Defendant awarded a contract for construction of the second class neighborhood living facilities on the lot of land 270 and 5 in Yangsan-si, Yangsan-si, the second class neighborhood living facilities on the ground (hereinafter “Cheongsi General Construction”).

B. Around May 2016, Cheongdo Construction was subcontracted to the Plaintiff during the contracted construction, and the Plaintiff commenced construction from June 2016. On July 11, 2016, a modified subcontract was concluded between the Plaintiff and the Defendant. According to the said contract, the final agreed construction cost was KRW 88,000,000 (including value-added tax).

C. On July 2016, the agreed deadline, the Plaintiff completed sewage treatment works. D.

As the whole construction of Cheongia General Construction was completed on September 26, 2016, approval for use of the building was granted, and the defendant, the ordering person, also completed registration of initial ownership of the newly constructed building on October 4, 2016.

E. On the other hand, around July 11, 2016, the Plaintiff had been performing sewage-oriented construction work, the Defendant, the ordering person, the contractor, and the Plaintiff, the subcontractor, agreed to make a direct payment (transfer to the Daegu bank account of the subcontractor) to the Plaintiff, the subcontractor, who is the ordering person.

2. According to the above facts, the defendant, who is the ordering person, agreed to pay directly the subcontract price to be received by the plaintiff between the plaintiff, who is the contractor, the contractor, and the subcontractor. This constitutes a direct payment agreement under Article 14(1)2 of the Framework Act on the Construction Industry. Thus, the defendant is obligated to pay the plaintiff KRW 88,00,000,000 to the plaintiff pursuant to the main sentence of the same Article.

3.(a)

As to this, the defendant shall make a direct payment after the direct payment agreement.

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