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(영문) 광주지방법원 2019.09.04 2018나61740

건설장비임대료등

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1. The plaintiff (appointed party)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

Reasons

1. Basic facts

A. Defendant B (hereinafter “Defendant B”) contracted O (hereinafter “instant construction”) from N Co., Ltd. (hereinafter “project owner”) and subcontracted it to Defendant C Co., Ltd. (hereinafter “Defendant C”).

B. Defendant C, as a field manager, concluded a verbal contract between the Plaintiff and the Plaintiff to designate the site development work (such as the removal of topsoil, the maintenance work of existing forest roads and soil and sand drainage, hereinafter “instant site development work”) as KRW 10 days during the construction period and the construction cost of KRW 35,00,000 during the instant construction (hereinafter “instant site development work”).

The Plaintiff, from November 16, 2016, performed construction works on behalf of Defendant C by exercising overall control over the supply and demand of human and equipment and the meals of human and body.

C. As a result of the completion of the land removal process in the above construction, the owner and the Defendant B instructed the construction to cut down and fill up the site in order to create a site slope more perfectly than the site slope, on the ground that the site location is insufficient in the upper part of the site area.

(hereinafter “First Design Change”). D. In order to install a fixed structure structure, which is not an alternative structure originally designed, the client and the Defendant B ordered construction (hereinafter “Second Design Change”) to additionally cut off and embling the ridge on the north side of the project site in order to create the site slope at 25 degrees (hereinafter “Second Design Change”).

E. During the construction of a site, the client and Defendant B instructed the Plaintiff to “construction works for installing access roads to stone embankments, ridges, drainage conduits, drainage conduits, electricity rooms, and erosion control dams.”

(f) The supplementary facility construction works of this case (hereinafter “the instant supplementary facility construction”). Around December 5, 2015, the Plaintiff: (i) around 68,195,00 won for the instant supplementary facility construction works (i.e., a stone shed of KRW 24,638,00,00 for the direction and drainage channels of the floor, electricity room of KRW 23,35,000,000 for an electricity room of KRW 5,50,000,000 for a drainage channel of KRW 14,652,00 for an erosion control dam construction) and the site construction works of this case.