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(영문) 수원지방법원성남지원 2016.05.31 2015가단32027
물품대금
Text

1. Defendant C Co., Ltd. shall pay to the Plaintiff KRW 100,000,000 and the interest rate thereon from December 22, 2015 to the date of full payment.

Reasons

1. Claim against the defendant B

A. The Plaintiff’s assertion 1) Defendant B and Urban Franchise Co., Ltd. (hereinafter “Urban Franchise”).

) The Construction of Lee & Lee, Inc. (hereinafter referred to as “ Lee & Lee”)

The construction of the Dtel was awarded to the Defendant C Co., Ltd. (hereinafter referred to as the “Defendant Co., Ltd”).

(2) On May 2014, the Plaintiff entered into a contract with the Defendant Company for the supply of human resources worth KRW 100 million (hereinafter “instant contract”).

A) The Plaintiff concluded the instant contract. Although the Plaintiff completed the supply of the said seal by proxy pursuant to the instant contract, the Defendant Company did not pay the Plaintiff the price to the Plaintiff due to the business difficulties (legal management or corporate rehabilitation). (2) The instant contract constitutes “subcontracts” as stipulated in Article 2(1) of the Fair Transactions in Subcontracting Act (hereinafter “subcontracts Act”).

Pursuant to Article 14(1)1 of the Subcontract Act, Defendant B, the ordering person, is obligated to pay the Plaintiff, the subcontractor, the amount of KRW 100 million for the goods price under the instant contract, and the delay damages.

(b) Where a principal contractor entrusts a subcontractor with such tasks as manufacturing (including processing; hereinafter the same shall apply), repair, construction, or services, or where a principal contractor re-commissions a subcontractor with what he/she has been entrusted (hereinafter referred to as "manufacturing, etc.") by another business operator, the subcontractor who has been entrusted with such tasks (hereinafter referred to as "subject matter, etc.") manufactures, repairs, constructs, or provides services, and delivers, delivers, or provides (hereinafter referred to as "supply, etc.") the subject matter to the principal contractor and receives the consideration thereof (hereinafter referred to as "subcontract consideration");

(6) The term "entrustment with manufacturing" in this Act means any of the following acts:

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