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(영문) 수원지방법원안산지원 2014.09.25 2012가합6070
공사대금
Text

1. The defendant shall pay 569,360,000 won to the plaintiff and 20% per annum from August 15, 2012 to the day of complete payment.

Reasons

1. Basic facts

A. On February 23, 2007, the Defendant entered into a contract for construction work with Pung Forest Industry Co., Ltd. (hereinafter “Pung Forest Industry”). The Defendant entered into a contract with Pung Forest Industry on construction work with the construction cost of KRW 128.33 billion with the construction cost of the construction work located in Namcheon-dong, Busan (hereinafter “instant building”).

After that, on December 13, 2007, the defendant increased the above construction cost to KRW 129.285 billion between the Punglim industry and the Punglim industry.

B. The Plaintiff was awarded a subcontract for the construction of steel iron and steel products among the instant construction works from the wind industry.

(2) On May 7, 201, the Plaintiff drafted a standard subcontract agreement for construction works, which is executed from June 30, 2009 to April 30, 2012, on the following grounds: (a) the construction period of the instant subcontract is 1.28 billion won; and (b) the construction period before changing from June 30, 2009 to April 30, 201, is 200 to May 7, 201.

C. Meanwhile, the winding industry was unable to pay the construction price to the Plaintiff at the time due to liquidity crisis, and the final payment was made on May 2, 2012.

On June 14, 2012, the Plaintiff requested the Defendant to pay directly the remainder of KRW 896,060,000, excluding the remainder of KRW 387,640,000,000, which was already paid to the Plaintiff, the subcontractor, pursuant to Article 14 of the Fair Transactions in Subcontracting Act (hereinafter “subcontract Act”). The Plaintiff notified the details, and on June 15, 2012, the said notification was delivered to the Defendant.

(hereinafter referred to as “instant direct payment claim”). [Grounds for recognition] / [In the absence of dispute, entry in Gap evidence 1 through 4, Eul evidence 2 (including each number), and the purport of the whole pleadings.

2. Assertion and determination

A. According to the above facts of recognition as to the cause of the claim, the subcontract in this case is due to the bankruptcy of the scenic industry.

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