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(영문) 광주지방법원 2015.07.08 2013가단55459

공사대금

Text

1. The defendant, to the plaintiff A, KRW 16,00,00, KRW 110,00 for each of the plaintiff B and C, and KRW 20,750,00 for the plaintiff D, and the plaintiff E.

Reasons

1. The facts which fall under any of the following subparagraphs are without dispute between the parties, or after compiling the following facts: Gap evidence 1-2 through 31, Eul evidence 2, 3-2, 4-2 through 43, Eul evidence 5-2 through 16, Gap evidence 6-2 through 6, Gap evidence 7-2 through 6, Gap evidence 8, 13-2 through 7, Gap evidence 9-2 through 5, Gap evidence 10, 11-2, Eul evidence 12-2 through 8, Eul evidence 16-1, Eul evidence 1 through 5, Eul evidence 1 through 5, Eul evidence 1 through 5, Eul evidence 11, 12-13, Eul evidence 6-1 through 4, Eul evidence 1 through 4-4, Eul evidence 1 through 8-13, Eul evidence 1 to 2-4, Eul evidence 5-1 and evidence 1-4, evidence 2-1 through 5-13, and evidence evidence 1-4.

on August 2, 2012, Hai-gun contracted the Defendant for the “T” construction (hereinafter “instant construction”) to KRW 189,210,00 (i.e., KRW 49,730,000 for the first tea portion of KRW 139,480,00).

B. Around September 2012, the Defendant: (a) subcontracted the instant construction project to S in a lump sum to 78% of the purchase price, excluding additional tax and five insurance premiums; and (b) around that time, S had U perform the said construction project.

C. From August 7, 2012 to March 18, 2013, S or U shall make the first minute of the instant construction, complete the completion inspection on March 28, 2013, and complete the said completion inspection from April 29, 2013 to August 12, 2013, and completed the said completion inspection on August 21, 2013.

Around August 7, 2012, the Defendant filed a report on the instant construction works with the Defendant’s on-site agent, V, who is his employee, W employed by S or U on August 24, 2012, and R employed by S or U on April 29, 2013, respectively.

With respect to the instant construction work to the Defendant, Plaintiff A: (a) KRW 16,080,00 in total for 29 days from May 22, 2013 to August 8, 2013; (b) KRW 1,110,00 in total; and (c) KRW 20,750,00 in total for 42 days from June 25, 2013 to September 7, 2013; and (d) KRW 4,950,00 in total for 8 days from May 22, 2013 to July 29, 2013; and (c) KRW 4,950,00 in total for 8 days from July 29, 2013 to KRW 13.