(영문) 수원지방법원 2016.01.28 2014가단538334

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(영문) 수원지방법원 2016.01.28 2014가단538334

공사대금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. The Defendant provided labor upon being employed at the site of the Daumo Water Works (hereinafter “instant construction”) among the construction works conducted by the Plaintiff in Suwon-si, Suwon-si.

However, the Plaintiff submitted a written estimate, such as personnel expenses and material costs, necessary for the instant construction, upon receiving a request from the Defendant for the delivery of the progress of the instant construction project, as the Plaintiff had worked together with the Plaintiff, and agreed to purchase the materials necessary for the instant construction on behalf of the Defendant and receive subsequent settlement.

From January 1, 2012 to March 25, 2013, the Plaintiff and the Defendant’s employees C, who had been the head of the instant construction site, requested the settlement of material costs incurred by the Plaintiff to carry out the instant construction. C prepared a statement of accounts equivalent to KRW 62,263,280, but the Defendant did not pay the above settlement amount so far.

Even if the Plaintiff and the Defendant entered into a subcontract for the instant construction project, not an employment contract, the Defendant did not pay KRW 117,703,587 out of the firearms price of KRW 899,335,621.

Therefore, the Defendant is obligated to pay to the Plaintiff KRW 62,263,280 as the price of the instant construction materials or the construction cost under the subcontract agreement, and the delay damages therefor.

B. The Defendant concluded a subcontract with the Plaintiff and the instant construction cost of KRW 764,835,440 for the instant construction work, and the Defendant did not employ the Plaintiff.

C Although there is a fact that the settlement statement was prepared by C, it was arranged based on the receipts submitted by the Plaintiff upon the Plaintiff’s continuous request by the Plaintiff, and the Defendant did not agree to pay the above amount. In fact, it cannot be confirmed that the amount claimed by C corresponds to the construction cost of the instant materials

In addition, the defendant exceeded 764,835,440 won of the contract deposit of this case to the plaintiff 89,335,621 won.

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