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(영문) 서울중앙지방법원 2016.07.20 2014가합582316
공사대금
Text

1. The part of the plaintiff's claim based on the creditor's subrogation right among the lawsuits against defendant South Korea Development Co., Ltd.

Reasons

1. Facts of recognition;

A. 1) The contract and the conclusion of a subcontract are as follows: Defendant Nuretra Co., Ltd. (hereinafter “Defendant Nuretra”).

Defendant South-dong Development Co., Ltd. (hereinafter “Defendant South-dong Development”) on March 2, 2010

(A) On March 5, 2010, upon receiving an order for development B from the Company A (hereinafter “A”).

) As to the contract amount of KRW 18,263,30,000 (including value-added tax) and the construction period from March 8, 2010 to April 7, 201 with respect to research and development entrusted with the installation of the above manufacturing facilities (hereinafter “instant contract”).

(2) On March 8, 2010, A concluded a subcontract (hereinafter “instant subcontract”) with respect to the construction works of the said facilities (hereinafter “instant construction works”) with the Plaintiff as well as the construction cost of KRW 4,411,00,000 (including value-added tax) and the construction period from March 8, 2010 to September 10, 2010.

B. On July 22, 2010, Defendant Ncas, the main contractor of the direct payment agreement, concluded a direct payment agreement with A, subcontractor, Plaintiff C, and D, the contractor (hereinafter “instant direct payment agreement”).

The main contents of the instant agreement are as follows.

1. Agreement between the prime contractor, contractor and subcontractor to pay the subcontract price corresponding to the portion executed by the subcontractor in a subcontract between the contractor and subcontractor pursuant to Article 35 (2) of the Framework Act on the Construction Industry;

2. Method and procedure for direct payment of the subcontract price - A contractor shall apply for the classification of the details of the portion executed by the subcontractor at the time of a visual examination or completion inspection, and request a request for payment of the subcontract price separately, and the original contractor shall pay the subcontractor the subcontract price received from the project owner directly to the following account

The outlines

3. The prime contractor shall be the contractor pursuant to the provisions of Article 35 (5) of the Framework Act on the Construction Industry; and

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