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(영문) 광주지방법원 2017.08.18 2016나58887

공사대금

Text

1. The judgment of the court of first instance is modified as follows.

In accordance with the first preliminary claim added by this Court,

Reasons

1. Basic facts

A. In around 2010, the Defendant was awarded a subcontract for the construction of soil and structures during the construction period from November 30, 2010 to December 30, 2012, by setting the construction period for soil and structures during the construction period in B.

B. On June 13, 2011, a limited liability company C (hereinafter “C”) entered into a contract with the Defendant to bring in earth and sand at the same construction site. The contract quantity is 139.802 cubic meters, and the restoration of the earth and sand to which permission was granted after the completion of the work on the earth and sand collection site (hereinafter “the instant earth and sand collection site”).

(hereinafter referred to as “instant soil and sand entry contract”). (C)

C, with the trade name of “E”, leased construction machinery from F to November 201 and brought in earth and sand from June 201. Around December 2011, F transferred the contractual status under the instant soil and sand entry contract to F, and thereafter F directly supplied earth and sand at the construction site of the Defendant.

When the Defendant was unable to carry out construction works under the subcontract due to circumstances, the Defendant agreed on April 30, 2012 to waive the construction works and to cut off the construction works.

E. F continued to supply earth and sand even after the Defendant’s mid-to-undersing construction site, and on June 12, 2012, F established the Plaintiff Company and became the representative director.

F. C obtained permission from the head of Yeongdeungpo-gun on July 7, 2010 on the premise of recovery from the instant soil erosion site. On July 30, 2012, the name of the above permission for development was changed to the Plaintiff. On October 10, 2013, the Plaintiff completed restoration work for the instant soil erosion site, and received a completion certificate of development activities from the head of Yong-Gun.

G. The cost of restoration work in the instant Saturday is KRW 92,69,000 (including value-added tax).

[Ground of recognition] Gap evidence Nos. 1, 2, 4, 5, 6 (including the number of each unit; hereinafter the same shall apply), Eul evidence Nos. 1 through 5, witness D's testimony, and the first instance court.