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(영문) 서울중앙지방법원 2017.12.06 2017가합508272
공사대금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Defendants asserted that they concluded a subcontract (hereinafter “instant subcontract”) with the Defendants, the subcontractors, and the subcontractors, with respect to the construction of facilities C/R (hereinafter “the instant subcontract”) with the Defendants, the subcontractors, and the subcontractors, with the contractors who were awarded contracts from ELDP as joint contractors for G construction and H construction.

Article 4 (Direct Payment of Unpaid Construction Costs) Any of the following events occurs in the Republic of Korea, and in connection with the implementation of the subcontract contract of this case in the Republic of Korea, third parties [laborers, equipment suppliers, material or commodity suppliers, restaurant operators, oil suppliers, etc. (hereinafter referred to as “creditors” in this section)] shall be referred to in this section:

2) In the event that there is a debt against the Defendants, the Defendants are to pay directly to the obligees in the Republic of Korea due to the unpaid subcontract price claim equivalent to the subcontract price claim.

(1) Where the disposition of default on payments of bills, checks, etc., corporate restructuring procedures under the Debtor Rehabilitation, Bankruptcy, Liquidation, and Corporate Restructuring Promotion Act, and other procedures similar thereto is decided to commence or commence. ② If the NamN delays the payment of wages, etc. of labor personnel on the fixed date for the implementation of this subcontract, in connection with the implementation of this subcontract. ③ If the NamN delays the payment of equipment rental fees, materials or goods suppliers, restaurant operators, distribution suppliers, etc. for one month or longer from the fixed date for the implementation of this subcontract.

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