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(영문) 인천지방법원 2016.05.24 2015가단18045

공사대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company that carries on reinforced concrete construction business or soil construction business, and the Defendant is a company that carries on construction business or housing construction business.

B. The Defendant was awarded a subcontract for the construction of reinforced concrete facilities among the construction of facilities on land outside 205-14, Jung-gu, Seoul, Jung-gu, Seoul, which ordered Korea Company Company to build a new educational facility on land, and the Plaintiff was sub-subcontracted for personnel expenses incurred in the construction of facilities by inserting work workers into the Defendant around March 20, 2013.

(hereinafter referred to as the “instant sub-subcontract”) C.

On July 18, 2013, the Plaintiff and the Defendant agreed to settle other accounts at the time of termination of the re-subcontract of this case. The main contents of the other accounts are as shown in the attached Form.

[Ground for Recognition: Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings]

2. Summary of the parties’ assertion

A. The plaintiff's summary of the plaintiff's assertion was not paid even though the defendant agreed to settle the unpaid construction cost at KRW 41,986,00 and to pay it to the plaintiff, while entering into a separate settlement agreement with the plaintiff.

Therefore, the defendant is obligated to pay the plaintiff 41,986,00 won and damages for delay.

Since the Defendant, on July 8, 2013, prepared a written rejection of the waiver of construction works and caused them to the Plaintiff, the Defendant is not liable to the Plaintiff for the construction cost incurred after July 8, 2013, and the amount claimed by the Defendant directly paid is merely the construction cost directly operated by the Defendant after July 9, 2013.

B. The Plaintiff and the Defendant’s summary of the Defendant’s assertion agreed on the settlement of accounts at KRW 41,986,00 with the unpaid construction cost of KRW 41,986,00, while entering into the said settlement agreement, the Defendant directly agreed on all of the costs, such as wages, food costs, and equipment costs, which the Plaintiff did not pay.

Accordingly, the defendant's total amount of wages, food expenses, equipment expenses, etc. that the plaintiff did not pay is 56.