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(영문) 광주지방법원 2015.12.11 2015나2030

공사대금

Text

1. Revocation of a judgment of the first instance;

2. The defendant is the plaintiff (appointed party)'s 6,133,000 won, and the defendant's 6,133,000 won.

Reasons

1. Basic facts

A. On August 2, 2012, Hamyeong-gun contracted the Defendant for “F” construction work (hereinafter “F”) at the price of KRW 189,210,00 (the first minute KRW 49,730,000, the second minute KRW 139,480,000).

B. Around September 2012, the Defendant subcontracted the instant construction project to G in a lump sum to 78% of its price, excluding value-added tax, various expenses, and five insurance premiums, and G had H perform the said construction project.

C. The first portion of the instant construction project was conducted from August 7, 2012 to March 18, 2013, and the final inspection was completed on March 28, 2013.

The second portion of the instant construction was conducted from April 29, 2013 to August 12, 2013, and the completion inspection was completed on August 21, 2013.

Around August 7, 2012, the Defendant reported the instant construction works to Y, as the Defendant’s on-site agent, and around August 24, 2012, J employed by G or H, and K employed by G or H around April 29, 2013.

The parties’ term work cost is two cancer Development Co., Ltd. from July 12, 2013 to July 18, 2013; KRW 6,133,000 A. from July 30, 2013 to August 19, 2013; KRW 6,000,000 from July 24, 2013 to July 27, 2013; KRW 2,000,000 from July 31, 2013 to August 31, 2013; KRW 1,000,000 from August 1, 2013 to KRW 6,00 from August 29, 2013 to KRW 1,00,000; KRW 1,000 from March 29, 200; KRW 1,000 to KRW 36,530,61,630,50,61,630,500.

E. The Plaintiff and the designated parties (hereinafter “Plaintiffs”) performed construction works at the instant construction site as follows, supplied materials or provided meals.

F. On September 12, 2013, after completion of the inspection of completion on the second part of the instant construction project, Ma, M, N,O, P, Q, and R directly paid 4,412,490 won in total to the Defendant at the Defendant’s request.

G. On September 2013, the Defendant settled the blanket subcontract price for G and the instant construction project at KRW 125,932,808, and part of the Plaintiffs’ representative director.