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(영문) 대전지방법원 2017.11.22 2016나113151

노임

Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

Reasons

1. Determination as to the cause of claim

A. The summary of the cause of the claim was that the Defendant received a labor contract from the Defendant and completed all of the subcontracted apartment air-conditioning works, but the Defendant paid only KRW 170,500,000.

Therefore, the Defendant is obligated to pay to the Plaintiff the unpaid labor cost of KRW 35,080,00 (=205,580,000 - KRW 170,500,000) and damages for delay.

The unit cost of labor cost (won, one household) for the construction period of the No. 1448, May 3, 201 to February 25, 2011 = the unit cost of labor cost for D apartment 1 D apartment x D apartment 1 D apartment 1 D apartment 1 (1) 60,000 from April 5, 201 to March 25, 2012. 65,000 496 32,240,000,000 from April 5, 2013 to December 20, 2013. < Amended by Presidential Decree No. 17518, Apr. 5, 2013; Presidential Decree No. 17000, Jan. 6, 200; Presidential Decree No. 24810, Oct. 10, 2080; Presidential Decree No. 17505, Oct. 5, 2005>

B. Determination 1) With respect to this part of the judgment on labor cost incurred at the D apartment site, the evidence supporting the Plaintiff’s assertion that the Plaintiff’s labor cost was 54,000,000 won, and there is no other evidence to acknowledge that the Defendant’s labor cost incurred at the H apartment site was 54,00,000 won, and there is no evidence to acknowledge that the Defendant’s labor cost incurred at the H apartment site was 54,00,000 won, based on the following: (a) evidence to support the Plaintiff’s acquisition of labor cost was 1,00,000 won; and (b) evidence to support the Plaintiff’s labor cost was 1,00,000 won; and (c) evidence to acknowledge that the Plaintiff’s labor cost incurred at the H apartment site was 54,00,000 won, with respect to this part of the judgment on the labor cost incurred at the H apartment site; and (d) evidence to acknowledge otherwise the Plaintiff’s labor cost incurred at the Plaintiff’s first instance trial, and the witness’s lack of evidence.

However, the defendant is entitled to pay 27,500,000 labor costs incurred at this part of the site.