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(영문) 광주지방법원 2017.12.13 2016가단506538
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 20, 2013, the Plaintiff was awarded a subcontract for utility tunnels, earth and sand, and household facilities construction work (including value-added tax 55,805 won) among five sections of apartment construction works in B, from Japan Construction Co., Ltd. (hereinafter referred to as “Seoul Construction Co., Ltd.,” and the period of construction from December 20, 2013 to May 31, 2015, and the said subcontract was subsequently replaced by the Plaintiff’s land portion (the contract amount of KRW 149,90,000) on September 26, 2014, and the reinforced concrete portion (the contract amount of KRW 382,100,000) (the contract amount of KRW 382,100,000) to a subcontractor.

B. On May 29, 2014, the Defendant received sub-subcontracts from the Plaintiff to KRW 125,700,000 for the construction cost of the said construction work, and the Plaintiff and the Defendant agreed, under a special agreement, that “the Defendant shall complete the construction of the utility tunnel within the amount of the said construction agreement, but if the amount exceeds the said amount, the Defendant shall be borne in full by the Defendant, and the Defendant shall thereafter perform the entire construction work.”

(hereinafter, the above utility tunnel construction is referred to as “instant utility tunnel construction”).

The instant utility tunnel corporation was directly managed by the Plaintiff during the Do and completed around November 2014.

[Reasons for Recognition] Facts without a partial dispute, entry of Gap evidence 1, 2, and 4, witness D's partial testimony, the purport of the whole pleadings

2. The assertion and judgment of the party involved

A. The plaintiff's assertion 1 completed the rupture and rupture construction in line with the process, and thereafter, the utility tunnel construction should be conducted under the defendant's responsibility. The defendant neglected management, such as the execution of construction work only through the head of the working group, and neglected the payment of 14,063,430 won as labor cost by using it for other purposes, and caused delay in the air and defects, and the defendant's side paid wages directly to the plaintiff and the original contractor, but the defendant paid wages to the plaintiff and the original contractor.

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