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(영문) 제주지방법원 2017.09.22 2016가단61213

공사대금

Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 2,765,262 to the Defendant (Counterclaim Plaintiff) and the Plaintiff’s counterclaim from June 17, 2017 to September 22, 2017.

Reasons

1. On March 2016, the Plaintiff entered into an oral contract with the Defendant to carry out reinforced concrete construction works among Jeju-si D D Corporation (hereinafter “D Corporation”) that the Defendant contracted from C (hereinafter “D Corporation”).

On June 10, 2016, the Plaintiff entered into an oral contract with the Defendant to perform steel works among the Jeju-si F Corporation (hereinafter “F Corporation”) that the Defendant contracted from E (hereinafter “F Corporation”).

The plaintiff recruited daily workers and completed each of the above works around October 2016.

[In the absence of any dispute, Gap 1 through 3 (including paper numbers), the purport of the whole pleadings]

2. A party’s assertion as to the cause of claim;

A. As a person in charge of daily work in charge of the framework construction, the Plaintiff: (a) recruited daily workers; and (b) performed the framework construction in accordance with the direction of field supervision; (c) first disbursed wages, on-site meals, night house rents, and other expenses; and (d) submitted relevant evidence to the Defendant, the Defendant was in the form of deposit to the Plaintiff’s passbook.

However, the defendant paid a total of KRW 364,303,262 to KRW 487,99,84 claimed by the plaintiff, and did not pay KRW 123,692,582 to the plaintiff.

Therefore, the Defendant is obligated to pay the said construction cost to the Plaintiff KRW 123,692,582.

B. The Defendant subcontracted to the Plaintiff the amount of KRW 310,00 per ton 310,000 for KRW 248,000,000 for KRW 7,073,000 for KRW 62,430,000 for KRW 345,530,00 for approximately 380,000 forn 380,000 for 55,100,000 for KRW 345,530,00 for 310,00 forn and for 6,000 for 380,000 for each ton of the steel works. With respect to F corporation, the Defendant subcontracted to the Plaintiff for KRW 380,00 for each ton of the steel works.

The quantities of each of the above projects and the amount of the construction cost shall be as follows:

The plaintiff and the defendant shall bear half of the fee of the above construction site according to practice.

The defendant paid 147,55,00 won for the use fee of lelele, half of which are 73,77,500 won shall be borne by the plaintiff.

If so, the plaintiff is the defendant.