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(영문) 제주지방법원 2020.12.08 2020나10657

공사대금

Text

1. The plaintiff's appeal and the defendant's appeal are all dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

1. On May 30, 2016, the Defendant subcontracted to the Plaintiff, who is another construction business operator, part of the 6 new construction works of the 6 new construction works of the C detached Housing in Jeju.

The plaintiff completed the foregoing other work by June 27, 2016.

The defendant paid 7,000,000 won to the plaintiff as the above construction cost.

[Reasons for Recognition] Facts without a partial dispute, Gap evidence 1, 2, Eul evidence 3, witness D and Eul's testimony, the purport of the whole pleadings

2. Summary of both parties' arguments;

A. The terms and conditions of the contract were that “the cost of the other day construction shall be KRW 50,00 per square meter, and the Defendant shall bear the cost of accommodation and transportation of the Plaintiff’s construction team that works in Daegu from Jeju to Jeju.” (2) The Plaintiff commenced construction from May 30, 2016, and the cost of waterproof construction at the construction site was not completed.

6.1.1. to 6.1.

6. The defendant did not pay daily allowances and expenses for the three-day period because the defendant was responsible for the failure to perform construction work until March.

(3) The details of the Plaintiff’s construction cost and the daily amount of compensation based on the Plaintiff’s construction work are as follows. F G4) The Plaintiff’s transportation cost, accommodation cost, and food expenses (hereinafter “expenses”) that the Defendant agreed to pay were KRW 125,000 per day, but the Plaintiff was staying in the Jeju for 22 days for construction, and paid KRW 50,000 with the vessel fee and the aviation fee (hereinafter “air fee”).

5) Therefore, the construction cost, daily allowances, expenses, and aviation fees to be paid by the Defendant to the Plaintiff are KRW 15,815,000 as a result of the calculation of the total of KRW 15,815,00,000, which shall be calculated by the Plaintiff within the scope of the said amount. (i) As the construction cost and the compensation amount of KRW 12,570,000 per day x 22-day aviation fees x 500,000 per day x 22-day aviation fees, the Defendant is entitled to the payment of the remainder of KRW 8,815,00,00, which remains after subtracting the amount of the said payment from the said amount of KRW 7,000,000, and the delay damages thereon. (ii) Defendant 1 works as the head of the site at the construction site