beta
(영문) 광주지방법원순천지원 2016.02.05 2015가단9282

정산금

Text

1. Defendant B Co., Ltd.: 16,01,100 won to the Plaintiff and 6% per annum from June 26, 2015 to February 5, 2016.

Reasons

1. Basic facts

A. On November 1, 2014, the Plaintiff entered into a contract for construction works with Defendant B Co., Ltd. (hereinafter “Defendant Company”) with the term “D” (hereinafter “instant construction works”) of KRW 1500,000,000 for the construction cost (a separate value-added tax and construction cost shall be paid on the 25th day of the following month after the settlement of accounts) and the term of construction from November 1, 2014 to January 30, 2015 (hereinafter “instant contract”). The instant construction works are a contract with the Plaintiff and Defendant Co., Ltd. of which the construction cost is to be paid KRW 122,200,000 for the construction cost (hereinafter “instant contract”). In fact, the Plaintiff and the Plaintiff Co., Ltd. agreed to pay the construction cost at KRW 15,500,000,000 for the construction cost after the settlement of accounts).

AB concluded the agreement.

Defendant C is the representative director of the Defendant Company.

B. Since then, the plaintiff and the defendant company have a dispute over the payment of the work price, and the plaintiff demanded the first payment of the work cost, and the defendant company will settle the dispute at the time when the plaintiff completed all the work.

The Plaintiff performed the instant construction work only until February 1, 2015, and thereafter, the Defendant directly performed the instant construction work.

On the other hand, the Defendant Company paid labor costs to the Plaintiff’s employees, excluding the Plaintiff.

(I) On December 2014 and January 2015, 2015 (which seems to be labor cost) / [based on recognition] The facts of no dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 1 through 6, and the purport of the whole pleadings.

2. Summary of the cause of the claim;

A. The Defendants (Defendant C jointly and severally guaranteed as the representative director of the Defendant Company) lend to the Plaintiff KRW 21,411,600 as the Plaintiff’s flag cost at the time of the discontinuance of the instant construction work ( KRW 4,182,00 as the monthly labor cost of KRW 4,182,00 as the monthly labor cost of KRW 4,182,00 as the monthly labor cost of KRW 255,00 as the monthly labor cost of KRW 250,000 as the monthly labor cost of KRW 255,00 as the daily labor cost of KRW 719,100 as the freight cost of KRW 2,50,000 as the advance payment of KRW 719,100 as the freight