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(영문) 서울고등법원 2018.11.01 2018나2007731
공사대금
Text

1. The plaintiff's appeal and the appellate court's selective addition are all dismissed.

2. After an appeal is filed.

Reasons

1. The reasons why the court should state this case in this case are as stated in the reasoning of the judgment of the court of first instance except for the addition of the plaintiff's selective addition in Section 2.

2. Determination on additional selective claims

A. The Plaintiff’s assertion 1) The Defendant agreed that the Defendant shall pay the instant construction cost directly to the Defendant under the terms of the instant estimate when concluding the instant construction contract with the Plaintiff. As such, the Defendant also has to pay the personnel cost required for the instant additional construction work on behalf of the Defendant. (2) However, as the Plaintiff paid the Plaintiff the personnel cost of KRW 281,372,00 on behalf of the Defendant, the Defendant is obligated to pay the Plaintiff KRW 220,000,000 as part of the claim of the first instance court (the remaining construction cost and the damages arising from the Defendant’s incomplete performance) and the Defendant’s claim

B. According to the statement in Gap evidence No. 1, it is recognized that the defendant stated in Paragraph 16 of the presumption of this case that he would not pay personnel expenses directly.

However, the following circumstances are as follows, which are acknowledged by comprehensively considering the evidence No. 1, No. 24, 25, and 27 of the evidence No. 1 (including the serial number; hereinafter the same shall apply) and the overall purport of the pleadings in the testimony of witness E of the trial party witness E: ① the Plaintiff entered into the instant construction contract with the Defendant on May 12, 2015, and agreed upon the terms and conditions of the instant estimate, and submitted to the Defendant a power of delegation from the employees of the instant construction on June 29, 2015, and submitted a power of delegation to the Plaintiff on June 29, 2015; the Defendant paid the labor costs via the Plaintiff instead of paying the labor costs directly to the employees; ② the power of delegation submitted by the employees of the instant construction works are excluded from the additional construction works.

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