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(영문) 인천지방법원 2015.06.18 2014가합9287
공사대금
Text

1. The defendant shall pay 142,160,000 won to the plaintiff and 20% per annum from August 12, 2014 to the day of complete payment.

Reasons

1. Basic facts

A. On April 1, 2014, the Plaintiff entered into a standard subcontract agreement for private construction works (hereinafter “instant subcontract agreement”) with the Defendant, who is engaged in the construction business, etc. on the part of the construction business, etc. on the part of the Geumcheon-gu Seoul Building Construction Project (hereinafter “instant construction work”) with the Defendant, which stipulates that the Plaintiff will accept the instant construction work from the Defendant at the time of completion of the 2nd floor of the structural frame (hereinafter “instant construction work”).

B. The Plaintiff completed the instant subcontract in accordance with the instant subcontract. On July 11, 2014, the Defendant: (a) made a written consent to the payment of the subcontract price under the instant subcontract pursuant to Article 14 of the Fair Transactions in Subcontracting Act; and (b) directly paid KRW 142,160,000 to the Plaintiff by the owner of the instant subcontract; and (c) made a written consent to the direct payment of the construction price pursuant to the instant subcontract; and (d) made a written consent to the settlement between the Defendant, the contractor, and the Plaintiff, the public works subcontractor, and the Plaintiff, the public works subcontractor, respectively.

C. The Plaintiff did not receive the above progress payment of KRW 142,160,000 from the Defendant and the owner B.

[Reasons for Recognition] Facts without a partial dispute, Gap evidence Nos. 1, 2, 3, 4, Eul evidence No. 1, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 142,160,000 won of the subcontract price in this case and damages for delay calculated at the rate of 20% per annum from August 12, 2014 to the day of full payment, which is the day following the delivery date of the copy of the complaint in this case sought by the plaintiff after the completion date of the construction in this case.

B. As to this, the Defendant entered into the instant subcontract with the Plaintiff, and thereafter, from B, the Plaintiff is the owner at the Plaintiff’s request.

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