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(영문) 서울동부지방법원 2017.06.23 2017나65

식대

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The assertion and judgment

A. Comprehensively taking account of the purport of the entire pleadings in Gap evidence No. 1 as to the cause of the claim, around March 20, 2015, the plaintiff agreed with the defendant around March 20, 2015 that the plaintiff provided meals to the members of the civil works and the structural construction of the new building in Gangnam-gu Seoul, which the defendant supplied to the defendant, and the defendant shall pay the costs to the plaintiff. According to the above agreement, the plaintiff provided meals to the above members from March 20, 2015 to July 22, 2015, and then recognized the fact that the remaining food costs were 6,401,000.

According to the above facts of recognition, the defendant is obligated to pay the plaintiff the unpaid amount of KRW 6,401,00 and damages for delay calculated at the rate of 15% per annum from September 28, 2016 to the date of full payment, which is the day following the delivery date of a copy of the complaint of this case sought by the plaintiff.

B. As to the Defendant’s assertion, the Defendant asserts that the Defendant did not have any obligation to pay meal costs to the Plaintiff, since all the construction works during the period of construction supplied by the prime contractor during the period from March 16, 2015 to April 18, 2015 were completed and completed at the construction site. The portion of the structural construction works thereafter was in charge of the Defendant’s living together.

As long as the plaintiff started to provide meals to the people in the construction site at the request of the defendant, the plaintiff should be deemed to have provided meals in belief that the defendant would pay the meal cost.

Even if the Defendant completed a civil engineering work among the construction works supplied by the prime contractor, and then entrusted the remainder to D, the Defendant’s vegetable life, and then completed the construction site, the Defendant cannot be exempted from liability for the subsequent meal costs unless the Defendant notifies the Plaintiff that he/she is not liable for such fact and subsequent meal costs.

The Defendant notified the Plaintiff of such notification.