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(영문) 의정부지방법원 2018.06.14 2017가단5563

노임 및 공사대금, 자재비 등

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1. The Defendant shall pay to the Plaintiff KRW 58,915,363 and the interest rate of KRW 15% per annum from March 15, 2017 to the date of complete payment.

Reasons

Basic Facts

A. The defendant is a person who runs the new construction business of housing, and the plaintiff is a person who runs the construction business of electricity, telecommunications and fire-fighting systems.

B. Around March 2014, the Defendant was awarded a contract with C for a new construction of a four-story housing unit on each ground-based land located in the same F located in the same time as the land located in Gangwon-gun.

C. The Defendant requested the Plaintiff to proceed with the construction of electric and telecommunications fire-fighting systems during the construction of new housing.

Accordingly, the Plaintiff interfered with the necessary parts of the said electricity and telecommunications fire-fighting systems construction, purchased goods, and instructed and supervised the work of the said parts.

(hereinafter referred to as the “instant construction”) e., each of the above construction undertaken by the Plaintiff.

The Plaintiff was confirmed as the Defendant’s agent on the wage, material cost, etc. of the parts paid at the time.

F. The total amount of the Plaintiff’s construction cost confirmed by G is KRW 58,915,363 (i.e., the purchase price of KRW 42,040,363 for the general construction cost of KRW 8,690,000 for the E Housing Lighting purchase price of KRW 8,185,00).

[Grounds] According to the facts without dispute, Gap evidence 1, Gap evidence 2-1, Gap evidence 3-1, Gap evidence 6-1, Gap evidence 6-2-2, Gap evidence 7-1, Gap evidence 7-2, and the facts of the above recognition as to the ground for claim of the whole purport of the testimony and the whole pleadings, the defendant is obligated to pay to the plaintiff damages for delay calculated at the rate of 5% per annum from March 15, 2017 to the day after the delivery date of the copy of the complaint of this case sought by the plaintiff, which is the day after the delivery date of the copy of the complaint of this case to the day of complete payment.

The Defendant asserted extinctive prescription as to the Defendant’s assertion. The construction price of the instant case, sought by the Plaintiff, is the wage claim of an employee under Article 164 subparag. 3 of the Civil Act. Since the instant lawsuit was filed on March 8, 2017, when one year has elapsed since July 2015 when the construction was completed, the Plaintiff’s claim for the construction price of the instant case has expired.