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(영문) 의정부지방법원 2019.11.19 2019가단103553
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. Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”) performed FF work at the Won-si, which was ordered by Nonparty D Co., Ltd., and the Plaintiff entered into a contract with Defendant C on September 2016 and took charge of construction work upon the direction of the Defendant Co., Ltd. as the head of the pipe of the pipe installed team.

B. (i) The construction cost on November 1-12, 2016 consists of KRW 83,669,00, labor cost of KRW 42,670,00, KRW 4639,00, KRW 36,360,00, and equipment costs (H-I, J-K).

The amount payable during the execution cost of September 2016 is KRW 3,730,00.

Article 22(1) of the Act provides that the co-ordination costs shall be KRW 2,920,000.

C. Defendant C agreed to pay KRW 10,000,000 out of the amount payable to the Plaintiff until July 15, 2017.

[Evidence A] Evidence Nos. 1, 2, and 3

2. Determination

A. Account payable based on the basic facts (i.e., construction cost to be paid by the Defendants to the Plaintiff is KRW 90,319,00 (=3,669,000 3,730,000).

The Plaintiff asserts that the construction cost of November 1-12, 2016 should include 14,050,000 won for direct labor and 10,510,000 won for direct labor, in addition to 83,669,000 won for direct labor, but there is no evidence to prove that the said part was executed by the Plaintiff.

The plaintiff asserts that the labor cost of November 2016 is KRW 28,129,00 (after deducting the amount of tax) and the labor cost of December 2016 is KRW 22,397,00,00 in total. However, the above wage ledger includes the Plaintiff’s labor cost of 50,526,90, which is the head of the public corporation’s team. However, the above wage ledger includes the non-party L and M’s labor cost to be paid directly from the beginning. Thus, the above assertion is without merit.

B. The Defendant Company paid KRW 21,290,000 to Nonparty N,O, P, Q, R, S, J, and T in total, KRW 21,290,00,00 for the amount of 96,00 won deduction (i.e., equipment 36,360,000 won on behalf of the Defendant Company (no dispute) and 26,290,000 won on behalf of the Defendant Company on behalf of Nonparty N, P, Q, Q, Q, J, and T in November 2016 (i.e., deducting income tax, etc.), Nonparty N, P, Q, Q, J, and T paid KRW 5,00,000 on December 1, 2016.

section 4 to section 11.

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