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(영문) 대전지방법원 2017.05.24 2015가합105531
공사대금
Text

1. The Defendant’s KRW 23,831,00 for the Plaintiff and 6% per annum from September 25, 2015 to May 24, 2017.

Reasons

1. Basic facts

A. The Plaintiff is an individual entrepreneur engaged in the business of manufacturing and installing steel structure, who actually operates E and F in the name of the wife C and relative D in the name of the wife C and relative D, and the Defendant is a corporation whose business purpose is the manufacturing of steel structure.

B. The Plaintiff participated in the construction project ordered by the Defendant from October 2003 to April 2015 as a subcontractor, and performed the construction project ordered by the Defendant.

C. The Plaintiff was subcontracted from around 2013 to around 2015 by the Defendant during the period of the subcontracted construction work, [Attachment 1] A.

For the nine construction works described in the subsection (hereinafter referred to as the “instant construction”) the amendment and additional construction was made.

(hereinafter referred to as “instant additional construction”). [The grounds for recognition] . [This case’s additional construction .........] Each entry and video of Gap evidence Nos. 1, 5 through 27, 32, 34 through 55 (including paper numbers, hereinafter the same shall apply) and the purport of the whole

2. The plaintiff's assertion

A. For a number of years, the Plaintiff, while entering into a subcontract with the Defendant, did not prepare a separate contract between the Defendant and the Defendant, and performed the construction according to the Defendant’s oral instructions, and received payment for the construction cost after completing the construction work.

B. The instant additional construction project was carried out in the above manner, and the total amount of the construction cost is attached Table 1 attached hereto.

As described in the paragraph, 557,209,40 won is 426,371,400 won for the unpaid construction cost (=57,209,400 won for revised construction cost + offset 99,162,000 won for advance payment on the G unit price plus 230,000 won for provisional payment).

C. The Defendant is obligated to pay the Plaintiff the construction cost of KRW 426,371,400 and the delay damages therefor.

3. Determination

A. The fact that the Plaintiff participated in the construction project ordered by the Defendant from October 2003 to April 2015 and performed the construction project under a subcontract awarded by the Defendant, and the fact that the Plaintiff modified and added the instant construction project from around October 2013 to around April 2015 is seen earlier.

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