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(영문) 서울고등법원 2016.11.08 2016나3388
공사대금
Text

1. The plaintiff's appeal against the defendant (appointed party) and the appointed party is dismissed in entirety.

2. The appeal costs are assessed against the Plaintiff.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, and the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance. Thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. On April 29, 2014, the first instance court’s decision No. 4 of the first instance court’s decision, “No. 29 of April 2015” is deemed to be “No. 29 of April 29, 2014.”

From 5th to 6th of the first instance court's decision, the following subparagraphs are followed.

A. The Plaintiff’s assertion 1) The case where the direct payment was requested pursuant to the Fair Transactions in Subcontracting Act was not paid to the Plaintiff more than twice the subcontract price. The Plaintiff is the Fair Transactions in Subcontracting Act (hereinafter “subcontract Act”) around April 29, 2014.

() Pursuant to Article 14(1)3 of the Subcontract Act, the Defendant requested a direct payment of the subcontract price to the Defendant who is the ordering person. The Defendant is obligated to directly pay the Plaintiff the subcontract price of KRW 150 million pursuant to the Subcontract Act. 2) The Defendant agreed to directly pay the Plaintiff KRW 250 million via E around April 29, 2014. As such, the Defendant is obligated to pay the remainder of the subcontract price after deducting the amount already paid from the Plaintiff under the said agreement.

From 6th to 7th of the judgment of the first instance court, the third to 6th of the judgment are as follows.

Article 14 (1) 3 of the Subcontract Act provides that where a principal contractor fails to pay a subcontract price to the relevant subcontractor two or more minutes of the subcontract price, and the subcontractor requests the direct payment of the subcontract price, the ordering person shall directly pay the subcontract price corresponding to the portion which the subcontractor manufactured, repaired, constructed, or provided services. Thus, the subcontractor's right to demand the direct payment of the subcontract price under such provision shall be the execution of construction works under the subcontract.

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