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(영문) 대구지방법원 2018.09.06 2017가단115092

공사대금

Text

1. The Defendant’s KRW 32,780,110 and KRW 32,480,00 among the Plaintiff’s KRW 6% per annum from March 30, 2016 to June 14, 2017.

Reasons

1. Facts of recognition;

A. The defendant is a person who operates electrical construction business in the trade name of C.

B. On March 2015, the Defendant agreed to accept the instant electrical construction (hereinafter “instant electrical construction”) from among the remodeling works for the E Hospital building in the Gu-U.S., which had been awarded a different interest from the Lee Sung-sung Co., Ltd. (hereinafter “Benefitsung”), by determining the cost of materials as KRW 241,041,986, and labor cost as KRW 92,275,615, respectively. As such, the Defendant shall bear the cost of materials necessary for the instant electrical construction at the end of the period of March 2015, but shall pay the Plaintiff KRW 70,00,000 as the cost of construction, and requested the execution of the instant electrical construction.

C. The Defendant’s construction cost of KRW 70,000,000, which was to be paid to the Plaintiff, was calculated by setting the labor cost of KRW 150,000 per capita as a total of KRW 60,000,000, which was calculated by adding the labor cost of KRW 10,000 to the cost of KRW 400 per capita.

The Plaintiff started the instant electrical construction from April 17, 2015.

The execution of the instant electrical construction works is delayed along with the progress of the entire remodeling construction works as a result of the dispute between the owner and the owner regarding the alteration of the contents of the construction from May 2015. Finally, on September 2, 2015, the Plaintiff was suspended by withdrawing the construction site at the construction site on the following day.

In October 2015, the reason was that the process of remodeling works was waived.

[Ground of recognition] Facts without dispute, Gap 1 through 5, 18 through 23, Eul 1 (including each number, hereinafter the same as the same), each description and image of Eul 5, part of Eul 5, and the purport of the whole pleadings

2. Summary of the parties' arguments;

A. The Defendant requested the Plaintiff to execute the instant electrical construction on the condition that the Plaintiff would pay personnel expenses of KRW 150,000 per worker per day and related expenses incurred in the instant electrical construction.

In accordance with the above defendant's request for construction, from April 17, 2015 to September 2, 2015.