(영문) 광주지방법원 2019.10.31 2018나53114 (1)

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2019.10.31 2018나53114 (1)

공사대금

Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

Basic Facts

On April 19, 2013, the Defendant: (a) drafted a construction contract of “the terms and conditions of the contract that the Defendant was awarded from the ordering person C or D during the construction period from April 19, 2013 to November 22, 2013; and (b) written “electric, telecommunication, and fire-fighting construction” as separate construction under the estimate terms.

On May 6, 2013, the Plaintiff, as a subcontractor, drafted a subcontract agreement between the Defendant and the Plaintiff and the Plaintiff on May 6, 2013 (including value-added tax) for the construction cost of KRW 269,50,000 (including value-added tax) during the construction period, and the subcontractor’s terms and conditions of subcontracting from May 6, 2013 to November 22, 2013.

(2) The Plaintiff completed the instant construction, and on January 3, 2014, issued a certificate of completion inspection of fire-fighting systems to the instant construction.

C, D, the Plaintiff and the Defendant drafted a written agreement on the direct payment of the subcontract price as follows on June 5, 2014. The subcontract price under the direct payment of the subcontract price is 269,50,000 won: 64,300,000 won - 10

1. A contractor (C, D) shall pay directly to the subcontractor (Plaintiff) the amount set forth above.

2. The obligation of a contractor (C or D) to a subcontractor shall be deemed extinguished within the limit of the payment made to the subcontractor.

3. The obligation to pay a subcontract to the subcontractor by the contractor shall be deemed extinguished within the limit directly paid by the subcontractor by the subcontractor (C and D);

4. A contractor (C and D) shall require the subcontractor (Plaintiff) to be liable for the defect repair of the aforementioned work, and the contractor (Defendant) shall be excluded from its liability.

5. A contractor (C, D) shall take precedence over an unpaid wage (F and 6 others 12,610,000 won) in the amount payable to the subcontractor (Plaintiff).

유사 판례

-광주지방법원 2018.02.07 2016가단501878

-인천지방법원부천지원 2012.11.02 2012가합4397

-광주지방법원 2016.04.19 2015가단48752

-대구지방법원 2015.11.20 2014가합204479

-창원지방법원 2015.09.24 2014가합35624