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(영문) 전주지방법원 군산지원 2018.09.20 2016가합11549
공사대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a person engaged in construction machinery leasing and transporting business under the trade name of “B,” and the Defendant is a company engaging in soil construction business, etc.

B. Around 2014, the Defendant was awarded a contract for the instant construction project by Daewoo Construction Co., Ltd. (hereinafter “the instant construction project”).

C. Around March 2014, the Plaintiff was awarded a subcontract for the transport of soil and sand, blasting stones, aggregate, etc. (hereinafter “soil, etc.”) from the Defendant at the instant construction site (hereinafter “instant subcontract”) (hereinafter “instant subcontract”) and between March 2014 and February 2015, the Plaintiff engaged in the transport of soil and sand, etc. at the instant construction site.

【Ground for recognition】 The fact that there has been no dispute, the purport of whole pleading

2. The parties' assertion

A. In concluding the instant subcontract with the head of the construction site, the Plaintiff agreed to receive transportation charges calculated by multiplying the transport volume of soil and sand by the unit price for each transport item (to be KRW 1,500,00, KRW 1,900, KRW 1,900, KRW 200,00, KRW 2,200,00, in cubic meters) (hereinafter “unit price method”).

In addition, there is no special dispute between the parties on the fact that the quantity of 25.5 tons of dump trucks taken out one time by multiplying 15 cubic meters by the number of carriages as stated in the attached Table between March 2015 and February 2015, together with the sub-contractors and sub-contractors, is 15 cubic meters of dump trucks.

He transported his soil and sand.

The transport price calculated by applying the unit price method to the volume taken out by the Plaintiff is KRW 1,246,342,50 in total, and the Defendant refers to the amount that the Plaintiff and the Defendant referred to as “labor cost” among them.

502,820,00 won, fuel expenses of 238,378,370 won, food expenses of 8,580,370 won, etc. (i.e., 502,820,000 won 238,378,370 won 8,580,000 won), is charged to re-subcontractors, gas stations, and restaurants, and is charged to them.

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