(영문) 대전지방법원 2020.10.15 2019나111453

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(영문) 대전지방법원 2020.10.15 2019나111453

공사대금

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The judgment of the first instance shall be revoked.

The plaintiff's claim is dismissed.

All costs of the lawsuit shall be borne by the plaintiff.

purport, purport, and.

Reasons

1. Basic facts

A. On December 20, 2017, the Plaintiff was awarded a subcontract for reinforced concrete construction works (hereinafter “instant subcontracted construction works”) among “D construction works” contracted by the Defendant between C and C (hereinafter “C”) by the Defendant during the construction period from December 21, 2017 to February 15, 2018 (i.e., January 13, 2018 until March 31, 2018; (ii) extended two-lanes by March 30, 2018 to April 20, 2018; and (iii) extended the construction period from February 21, 2017 to February 15, 2018 (including value-added tax).

(hereinafter “instant subcontract”). (b)

With respect to the payment of the construction cost under the instant subcontract (hereinafter “instant subcontract”), C made advance payment of KRW 18.7 million, and the remainder KRW 18.9 billion shall be paid in full to the Plaintiff directly as the ordering agent in cash, and the Plaintiff shall file a claim at the time of completion of the structural construction.

Accordingly, on December 20, 2017, the Plaintiff entered into a direct payment agreement with C and the Defendant that the Defendant would directly pay the Plaintiff the remainder of KRW 18.9 million of the construction cost of the instant case (hereinafter “instant direct payment agreement”).

The main contents of the direct payment agreement shall be as follows:

2. Method and terms and conditions of the direct payment of the subcontract price. (1) In case of the direct payment to the subcontractor at the ordering place upon the request of the original contractor after the inspection of the work progress, the subcontractor shall use it only at the main site of the subcontract price he/she has received;

(2) A subcontractor shall prepare and submit a plan for the use of the subcontract consideration (such as material cost, labor cost, equipment cost, on-site cost, and insurance premium) to the contractor, and shall submit the details of the use of the subcontract consideration and documentary evidence to the contractor within seven days after the receipt of

3. The subcontractors shall not use the subcontract price in accordance with the plan of the subcontract price or shall use the subcontract price.

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