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(영문) 서울중앙지방법원 2015.08.20 2013가단5102995

공사대금

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 company established for the purpose of the business of manufacturing and selling glass glass, and the Defendant is an individual who performs the creative work in the name of “B”.

B. Around October 2009, the Defendant subcontracted the above construction work from Auuex Co., Ltd. (hereinafter “Auex”), which was awarded a contract for the said construction work, to re-subcontract the Plaintiff the glass part of the said construction work, and entered into a standard subcontract for construction work with the Plaintiff as follows:

(hereinafter referred to as the “instant construction contract”). The ordering person: SK Construction (main contractor): C subcontracted project name: October 25, 2009; the contract amount on July 31, 2010: 517,000,000 won (including value-added tax) :

1. Construction works of glass and windowing for the first place, including expenses for materials and wages, in a lump sum;

2. Settlement Conditions: 1) The same applies as the settlement criteria with the original office (i) the settlement criteria of contract ratio standards, including indirect costs, in accordance with the original office settlement; 2) the increase or decrease in the quantity at the time of the settlement of the original office, and the change in the specifications,

3) Additional payments in the input volume prior to the settlement of the original office (which can be settled and paid after the settlement of the original office) 4) increase or decrease in the volume shall be applied as is to the original contractual unit price without a unit price increase.

C. On January 18, 201, the Plaintiff notified the Defendant that the construction cost calculated by reflecting the volume of construction increased to the Defendant on January 18, 2011, was KRW 558,107,878 (in addition to value-added tax, KRW 613,918,665). Accordingly, on January 21, 201, the Defendant confirmed that the increased volume of construction work would be corrected.

After that, on March 5, 2011, the Defendant settled the accounts of Aluex and the construction volume, a principal contractor of the instant construction project, and paid KRW 45,754,000 (including value-added tax) to the Plaintiff on March 18, 201 following the settlement thereof.

[Reasons for Recognition] Facts without dispute, Gap evidence 3, Gap evidence 5-1 to 3, Gap evidence 6-1 to 3, Eul evidence 1.