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(영문) 대전지방법원 2015.10.22 2014가단45345

공사대금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On October 2013, the Plaintiff was requested by the head of the Defendant’s site office C for a construction contract with the construction cost of KRW 66,00,000 and the construction period of one month with respect to the construction work of the HFM D (hereinafter “instant construction”).

B. Accordingly, the Plaintiff consented to the above request, and commenced the construction from October 22, 2013, and the Defendant first produced and transported the sn beamline, and accordingly the Plaintiff could proceed with the construction. However, the Defendant’s failure to perform the construction, thereby completing the instant construction on December 25, 2013 through the process of suspending and resumption the instant construction.

C. After the completion of the instant construction project, on December 28, 2013, the Defendant issued a written contract for the construction project (hereinafter “instant contract”) with the Plaintiff’s agent E to KRW 66,360,000 for the construction cost as to the instant construction project.

Article 4 (Contract Amount): 1 Contract Amount: 66,360,00 won (Additional Tax No. 66,350 x 350 x 350 x 474 140,000 x 66,360,00 x 6360,00 (2) The above contract amount includes all the expenses to be borne by the employer due to the employment of workers, such as wages of workers, meals, commuting, retirement benefits (mutual aid), overtime allowances, national health insurance, national pension, employment insurance, etc.

Article 9 (Deduction Details) The Defendant’s total sum of KRW 1,232,000 resident tax of KRW 1,50,000 for advance payment of KRW 4,500,000 for advance payment of KRW 8,232,000 for 1,50,000 for 1,50,000 for 13 months, and 44,000,000 for 13 months for 1,232,000 for 12 December 28, 12.

D. The Defendant paid the Plaintiff the following, except as above.

On January 15, 2014, the expenses for the possession of KRW 1,297,00,000 for food, and the expenses for the possession of KRW 1,925,00 for the first time on January 24, 2014 (based on recognition) was not disputed, Gap evidence 3, Eul evidence 1 through 3, 5, and the purport of the entire pleadings.