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(영문) 전주지방법원 2014.06.25 2013가합6048

용역비

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person performing automatic control works with the trade name of C, and the Defendant is a company performing installation works and automatic control works, and the Plaintiff and the Defendant have concluded several subcontract agreements since 10 years ago. As to the subcontract, if the Defendant first presented to the Plaintiff the construction drawings, the construction cost and profit calculated based thereon, the Plaintiff and the Defendant have set the subcontract price according to mutual compromise between the Plaintiff and the Defendant.

B. On May 27, 2011, the Defendant accepted a subcontract for the construction period of automatic control works among the new E-construction works ordered by a D University Hospital (hereinafter “DD New E-construction works”) from June 13, 201 to July 30, 2012, the contract amount was KRW 374,00,000. On August 31, 2012, the construction period of D New E-construction projects was changed from June 13, 201 to November 15, 201, and the contract amount was changed to KRW 20,174,000.

C. On September 25, 2012, the Defendant entered into a contract for construction works, the construction period of which was changed to KRW 1,485,00,000, from November 23, 2011 to December 30, 201, and the contract amount of which was changed to KRW 1,485,00,000.

The Plaintiff entered into a subcontract with the Defendant for the New E and F New E (hereinafter collectively referred to as the “each of the instant works”) and invested workers for a period of 1,046 working days in the D New E, and invested more than 4,493 working days in the F New E.

E. The Plaintiff sent to the head of the Defendant’s construction department G a note attached to the calculation sheet of the construction work of the new E.

(f) The statement of payment of daily labor cost for newly-built works shall include 120,000 won for some workers and 150,000 won for the remainder workers’ price.

G. The Plaintiff completed each of the instant construction works around August 30, 2012.

H. The Defendant shall grant the Plaintiff four times from January 16, 2012 to May 15, 2012 regarding Daehan New Construction.