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(영문) 서울동부지방법원 2018.03.16 2016가단130470
공사대금
Text

1. Defendant B Co., Ltd.: 47,740,000 won and 6% per annum from September 10, 2016 to March 16, 2018.

Reasons

1. Basic facts

A. On April 2014, the Plaintiff concluded a contract with Defendant B Co., Ltd. (hereinafter “Defendant B”); ① concluded a contract for electrical construction (hereinafter “instant FF”) among the new construction works of the FF company as KRW 121,00,000 (including value-added tax; hereinafter the same shall apply); and concluded a contract for construction with the period from May 1, 14 to November 30, 14; ② concluded a contract for electrical construction among the new construction works of H company G plant (hereinafter “instant H”) with the construction cost of KRW 275,00,000; and concluded a contract for the instant construction work as KRW 50,50,000; and the period from August 15, 2014 to January 31, 15; and concluded a contract for construction work (hereinafter “instant construction contract”) with each of the instant construction works as KRW 121,00,000; KRW 3050,015,205,2015,2501.

Each of the instant corporations does not have sufficient evidence to directly recognize the content of the agreement between the Plaintiff and Defendant C as to whether it falls under employment or labor contract, construction name, joint supply and demand, or the same business.

- Defendant C received orders from Defendant C, and Defendant C, without any particular involvement of the Plaintiff, directly procured human resources and carried out the construction as a field manager of the Plaintiff’s site.

B. Upon the request of H on April 20, 2015 and Defendant B, Defendant C consented to the direct payment of KRW 119,638,227 of the price of the instant H work, which is the sum of KRW 47 million in the price of the said material, KRW 35,638,227 of the price of the said material, and KRW 119,638,227 of the previous light, and KRW 37 million in the position or resignation of H or Defendant B

1. The confirmation column was drawn up on behalf of the Plaintiff (hereinafter “instant direct payment agreement”). On the other hand, H was set up in K on August 31, 2015, KRW 39,202,049, KRW 51,700,000,000,000 for electric wire price, KRW 51,750,90 on January 27, 2015, KRW 14,685,000 on March 30, 2015, and April 11, 2015.

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