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(영문) 전주지방법원 군산지원 2017.01.12 2015가단5120

공사대금 등

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination as to the cause of claim

A. A. A summary of the Plaintiff’s cause of the primary claim 1) The Defendant received KRW 1.3 billion from the Gunsan-si around December 21, 201, from the Defendant for the primary claim. The Defendant receives KRW 23% of the installments and received KRW 12% of the increased portion at the time of design change, and the said construction is limited to D (hereinafter “D”).

The Plaintiff was awarded a subcontract for the construction of the passage rock and retaining wall at first KRW 240,00,000 during the said construction work, and later, the construction cost was changed to KRW 230,700,000 due to the modification of the design. While the Plaintiff was performing the said construction work, it was impossible for D to file a report on discontinuance of business on August 20, 2013, three of the Defendant’s vice president E, on-site director F, D G, including the said passage rock and retaining wall construction, and if the Plaintiff completed the remainder of the construction, three of the said construction, including the said passage rock and retaining wall construction, the Defendant’s vice president E, on-site director F, and D G, etc., shall make a verbal agreement at the end of settlement as originally

() While the Plaintiff’s remaining construction work was conducted, the said passage rock and retaining wall construction cost was approved, but the Defendant directly paid some construction cost, such as purchase of materials. The Defendant asserted that the construction was directly managed from two months before the completion of the construction work, and refused to settle the construction cost of KRW 12,00,000,000. The Defendant refused to settle accounts in violation of the instant oral agreement. As such, the Plaintiff’s refusal to settle accounts in violation of the instant oral agreement, the amount equivalent to the Plaintiff’s remainder of the construction cost should be paid as compensation for damages. The Plaintiff’s cost incurred by the Plaintiff on behalf of the Defendant is KRW 47,853,820,00 on-site expenses paid by the Plaintiff to the on-site agent, KRW 5,853,820, and KRW 47,58,9,90,100,000 on-site expenses paid by the Plaintiff to the Plaintiff, and the Defendant’s claim for labor cost for a total of KRW 10,2010,700.