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(영문) 울산지방법원 2014.12.19 2014가단19928

공사대금

Text

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Defendant was awarded a contract for construction cost of KRW 272,649,400 by the Ulsan-gun around June 2013.

The construction cost of the above construction contract was changed to the last 316,800,000 won.

B. Around June 10, 2013, the Defendant entered into a labor contract with Nonparty D, which includes the following:

- D The Defendant’s work as the site director in relation to C Corporation, and the Defendant shall pay D the “contractual amount” after deducting the “influent cost” from the “amount equivalent to 80% of the remainder other than value-added tax, four major premiums, and retirement mutual-aid money,” from the total construction amount.

-D shall identify and supply the necessary human resources, equipment and materials at the construction site.

- D may, if necessary, give a subcontract within the extent of the above “contractual amount”.

C. The Plaintiff and the Plaintiff’s husband mobilized as “water drainage works” among the above C works, and the Plaintiff continued to perform the installation works of drainage conduits, gymmetrics, Lgates, and drainage pipes, and the retaining wall construction (hereinafter “construction works”). D. The instant construction works undertaken by the Defendant, etc.

The above C Corporation was completed on April 2014.

[Reasons for Recognition] Facts without dispute, Eul 2, Eul 3, 16 evidence, witness D, E, and the purport of the whole pleading

2. The parties' assertion and judgment

A. The Plaintiff’s major assertion (1) through D, the Defendant’s site director, subcontracted the instant construction to “the amount calculated by multiplying the budget details ordered by Ulsan-gun by the unit price volume.”

(B) The Plaintiff’s progress of the construction project completed the remainder of the construction project except for the installation of a certain drainage channel, and the construction cost, other than the said non- installed construction, is equivalent to KRW 124,054,443,00,000,

(C) However, the Defendant paid KRW 51,962,00 to the Plaintiff as labor cost, and directly pays KRW 17,33,500 to the equipment business operator, etc. related to the instant construction work, and provides meals to the Plaintiff.