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(영문) 대전지방법원 2020.09.17 2018가단7488

인건비

Text

The defendant's KRW 10,838,00 for the plaintiff and its 6% per annum from April 28, 2015 to September 17, 2020.

Reasons

1. Determination as to the cause of claim

A. On December 2014, the Plaintiff’s summary of the Plaintiff’s assertion was subcontracted to the panel construction work among the construction works in the C Yang Station, the Defendant, and the Plaintiff performed the construction work.

The volume constructed by the Plaintiff is 9,748 square meters of a roof panel, outer wall panel, 8,580 square meters, and the construction cost agreed upon by the Plaintiff and the Defendant is 4,500 square meters per square meter of the roof panel, and 5,000 square meters per square meter of the outer wall panel, so the construction cost of the said panel appears to be an error in calculating “86,76,000 won” (i.e., 9,748 square meters x 4,500 square meters x 8,580 square meters x 5,00 square meters x 5,00 won). Since the Plaintiff received KRW 5,260,00 from the Defendant, the Defendant appears to be an error in calculating “4,69,00 won” of the remaining construction cost from the Defendant.

(i) (i) 96,96,000 won - 52,600,000 won and damages for delay shall be paid.

B. The Plaintiff, on December 2014, subcontracted the part of the construction work among the construction works in the building works in the Yangsan City Co., Ltd. (hereinafter “instant construction works”) from the Defendant to April 27, 2015, and the Plaintiff discontinued the instant construction work without completing the construction work. The Plaintiff’s volume of construction works executed by the Plaintiff is the roof Panel 9,748 square meters and the outer wall panel 8,580 square meters, without dispute between the parties, or the entire purport of each entry and pleading in the evidence Nos. 1, 13 (including each number; hereinafter the same shall apply), No. 9, and No. 1, 9, may be acknowledged by taking into account the following as a whole.

On the other hand, with regard to the unit cost of the panel construction, the Plaintiff agreed to the unit cost of construction as KRW 6,000 per square meter when entering into a subcontract with the Defendant for the instant construction project.

B. The Defendant asserts to the effect that KRW 4,500 per square meter and KRW 5,000 per square meter of the outer wall panel, which are the unit construction cost applied between the Defendant and D, the original contractor of the instant construction project (hereinafter “D”) and the Defendant, should also be applied as it is between the Plaintiff and the Defendant.

However, the plaintiff and the defendant are also based on the evidence Nos. 1 to 3.