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(영문) 서울중앙지방법원 2016.02.01 2015나28226
용역대금
Text

1. Of the judgment of the first instance court, KRW 52,814,597 against the Plaintiff and its related thereto from August 14, 2014 to February 1, 2016.

Reasons

1. The Plaintiff is an individual entrepreneur who runs the business of installing furniture in the name of “D” and the Defendant is a corporation that operates the business of manufacturing and selling furnitures. Since the mid-2000s, the Plaintiff has contracted and performed the work of installing furnitures (referring to the work of assembling and storing furnitures at the site of a household manufacturing factory, etc.) and assembly and installation by means of labor contract under the Defendant’s specific direction and supervision.

The defendant was awarded a contract for household supply construction work in Gyeonggi-do E (hereinafter referred to as the "instant building") with KRW 6 billion, and entered into a contract for household assembly and installation works with Thai-si Co., Ltd., a household assembly and installation business company around December 6, 2013, which is a household assembly and installation business company around December 6, 2013, but the contract for household assembly and installation works with KRW 240,000,000.

On January 4, 2014 and on the 5th day of the same month, the Plaintiff completed the assembly and installation works of 24th floor among the instant building at the request of Defendant Company’s employees (department) F, etc., and completed furniture assembly and installation works, including DNA 5th floor (the section from the underground 5th to the ground 5th floor) among the instant building from the 6th day of the same month to the 17th day of the same month.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1, 2 and 4 (including those with a serial number), the testimony of witness G of the first instance court, the purport of the whole pleadings

2. Determination

A. In full view of the facts on the basis of the construction cost for the assembly and installation of the 24th floor household of the instant building, the Plaintiff received subcontract from the Defendant for the construction cost of the assembly and installation of the 24th floor unit of the instant building 6,270,000 won [i.e., the number of workers 9 x 300,000 won per day x 10,000 won per day x 300,000 won per day x 1.1 (in addition of value-added tax)] x 1.

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