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(영문) 서울남부지방법원 2018.12.05 2017가단259623
공사대금
Text

1. The Defendant’s KRW 122,683,620 and KRW 100 million among the Plaintiff’s KRW 122,683,620 and the remainder KRW 22,683,620.

Reasons

In light of the aforementioned legal principles, the Plaintiff entered into a contract with the company for the construction of metal windows (hereinafter “instant construction”) as “the construction period: from February 7, 2017 to July 31, 2017; the construction amount: KRW 247,709,000 (including value-added tax).”

B. At the time of concluding the said subcontracting contract, the Plaintiff entered into a direct payment agreement with the Defendant and C regarding the following terms and conditions (hereinafter “instant direct payment agreement”).

1.In the subcontract between contractors and subcontractors under the above construction contract, the subcontract consideration shall be paid directly to subcontractors pursuant to Article 35 of the Framework Act on the Construction Industry, Article 29 of the Enforcement Rule of the same Act, Article 14 of the Fair Transactions in Subcontracting Act and Article 4 of the Enforcement Decree

2. A person ordering the scope of the direct payment of the subcontract price may pay the subcontract price directly to the subcontractor within the limit of the amount of the original contractor's ability to pay it to the original contractor;

* If there is any amount to be deducted prior to the direct payment of the subcontract consideration among the already made amount in accordance with the relevant laws and regulations, such as the Civil Execution Act, it may be deducted.

3. In principle, the original contractor shall apply for the method and procedure for the direct payment of the subcontract price and for the final inspection thereof by classifying the details of the parts that the subcontractor performed and request the payment of the subcontract price separately. In inevitable cases, the original contractor may apply for a lump sum and request a request, but the ordering person shall decide to pay the subcontract price directly to the account

4. When the prime contractor requests suspension of the direct payment of the subcontract price concerned, accompanied by the documents attesting the fact that the subcontractor delays the payment of wages, price of materials, etc. regarding the subcontract, the ordering person need not pay the subcontract price directly to the subcontractor;

5. The obligation to pay costs to the original contractor and the original contractor;

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