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(영문) 대전지방법원서산지원 2016.07.20 2015가단2838
공사대금
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. On June 2, 2012, the Plaintiff (Appointed Party; hereinafter “Plaintiff”) entered into a contract with the Defendant on the terms and conditions that he/she contracted with the Defendant, setting the period from June 2, 2012 to June 12, 2012, with respect to the structural construction of an outdoor golf range (hereinafter “alley construction”) among the new construction works of a golf range in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun (hereinafter “the structural construction”) as the construction period, from June 2, 2012 to June 12, 2012, the construction amount of KRW 13 million (excluding value-added tax), the number of delayed days x the contract amount of KRW 2

B. On July 30, 2012, the Plaintiff entered into a contract with the Defendant on the terms and conditions that the 12 basic construction works of the steel tower among the construction works of the said golf driving range (hereinafter “the steel tower”) were awarded a contract with the Defendant by setting the construction period from July 30, 2012 to August 30, 2012, the construction amount of 23.5 million won (excluding value-added tax), the number of delayed days x the contract amount of 20/100.

C. The Defendant paid the Plaintiff the construction cost of KRW 4 million on June 2, 2012, and KRW 18.7 million on September 28, 2012.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The form of a contract for construction concluded between the Plaintiff and the Defendant is either the contract or the substance thereof, and the Defendant is obligated to pay the Plaintiff expenses, such as the contract amount, labor cost, and material cost.

The amount of the steel tower construction works has been reduced to 11,627,00 won from the first 13 million won on June 2, 2012, and the amount of the steel tower construction works has been increased to 7,605,400 won due to the additional construction works. The amount of the steel tower construction works has been increased to 9,838,700 won due to the additional construction works (e.g., the e., the e., the e., the e., the e., the e., the e., the e., the e. the e., the e. the e. the e. the e. the e. the e. the e. the e. the e. the e. the e. the e. the e. the e. the e. the e. the

However, since the original defendant settled the unpaid amount at KRW 30 million on December 21, 2012, the defendant must pay it to the plaintiff.

3. Determination

A. First, the Plaintiff is a labor contract between the Defendant and the Defendant.

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