(영문) 부산지방법원 2017.05.12 2016나3444



1. The judgment of the first instance court, including the Plaintiff’s claim extended at the trial room, shall be modified as follows:

The defendant.


1. Facts of recognition;

A. The status of the party is that the plaintiff is engaged in a general civil engineering work with the trade name of "C", "D", and "D."

B. The progress of the construction work 1) The construction work for the extension of the F Hospital funeral hall located in Busan, Seo-gu is called the "the construction work of this case" on the ground that the defendant, the representative of the corporation, was contracted for the extension of the F Hospital funeral hall located in Busan.

2) The instant construction was subcontracted to G in the name of the Defendant, and H, who is a civil engineering engineer of G and the instant construction, was frequently managing and supervising the instant construction work.

3) Upon the request of the Defendant’s G et al., the Plaintiff resided at the instant construction site from October 1, 2014 to October 30 of the same month, and actually performed the instant construction work by using materials, such as human and earth and sand, and using construction machinery. (c) After the completion of the instant construction work, H, et al., arranged the actual cost of the instant construction work into personnel expenses, mid-term expenses, material expenses, etc., and sent the Plaintiff a statement of funds input as electronic mail.

[The Plaintiff, H, and G settled the instant construction cost on January 2, 2015 on the basis of the above financing input amounting to KRW 17,523,30 (excluding value-added tax). 2. Around that time, the Plaintiff issued a tax invoice of KRW 13,684,30 for supply price of KRW 1,368,430 for supply price plus KRW 13,68,430 for the product cost of KRW 13,68,468,430 for the product cost in relation to the product cost.

Around January 21, 2015, the Defendant paid KRW 8 million to the Plaintiff with respect to the instant construction project. The Plaintiff himself/herself has paid some of the labor cost, mid-term cost, and material cost incurred on several occasions from November 11, 2014 to February 28, 2015.