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(영문) 창원지방법원 2015.09.15 2015가단8509
공사대금
Text

1. The Defendant’s KRW 45 million to the Plaintiff and the Plaintiff’s 5% per annum from December 1, 2013 to May 13, 2015.

Reasons

1. On July 30, 2013, the Plaintiff concluded the instant construction project with a contract for the electrical construction (hereinafter “instant construction”) from July 30, 2013 from the Defendant to November 30, 2013 during the construction period from July 30, 2013 to the period from July 30, 2013 to November 30, 2013. The fact that additional construction equivalent to KRW 10,500,000 was completed during the said process is either a dispute between the parties or a dispute between the parties, and as a whole, the entire pleadings are acknowledged. According to the above facts of recognition, the Defendant is obligated to pay the Plaintiff the total amount of KRW 45,500,000 from the date following the completion date of construction to the date of completion of construction, to the date of completion of construction, 205% of the annual interest rate of KRW 10,500,000,000 from the date following the date of completion of construction to the date of construction.

2. The defendant's argument that the contract price of this case was paid to B in full, since B entered into the contract of this case at will between the plaintiff and the plaintiff using the defendant's seal, the above contract is not effective, and even if it is not a domestic work.

According to the above evidence, it is recognized that B had worked as the site manager of the construction site of this case. The ordinary scope of work of the site manager of the construction site of this case is limited to all acts concerning the conclusion of subcontract related to the construction project and the payment of the construction cost, etc. in addition to the management of materials and labor related to the execution of the construction, so the construction contract of this case concluded by B as the defendant'

The defendant's assertion that the construction cost of this case was paid to B, as argued by the defendant, unless the payment was delivered to the plaintiff, the defendant's assertion is justified.

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