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(영문) 광주지방법원 2015.08.12 2014가단1602
손해배상(기)
Text

1. The Defendant’s KRW 78,865,889 as well as the Plaintiff’s annual rate from April 12, 2014 to August 12, 2015, and the following.

Reasons

1. Facts of recognition;

A. On April 2010, the Plaintiff entered into a contract with the Defendant for labor contract for the instant construction (hereinafter “instant contract”) among the new construction works from Hocomdar Co., Ltd. (hereinafter “instant construction works”). Around that time, the Defendant was employed as the Plaintiff’s on-site agent in form.

B. The Plaintiff and the Defendant drafted the instant contract on June 17, 2010.

On the same day, the Defendant prepared and delivered to the Plaintiff a “construction note of machinery and equipment works” as to the instant construction works (hereinafter “instant text”). The main contents are as follows:

:

2.The working costs of this construction shall be nine hundred thousand won.

Retirement and bonus shall be included in this contract amount.

The defendant shall bear the full amount of the additional amount when the additional amount is executed.

[실행금액은 노무비, 식대, 공구, 장비(지게차, 렌탈), 공구에 사용되는 소모 잡자재(용접봉, 커팅기 날, 페인트, 용접용 가스, 메꾸라, 청테이프, 결속선 등 내역서상 설비자재로 포함되지 않는 모든 잡자재) 및 기타 모든 현장경비 포함.] ☞ 자재비, 노무비 및 경비는 원고가 직접 지불한다.

4. The whole number of personnel, equipment, tools, and carriers required for this work shall be managed under the responsibility of the defendant.

6. The receipt, transportation, and storage of materials shall be responsible and the defendant shall be liable when the materials are stolen, lost, etc.

7.The payments of the amount executed shall be based on the payment of the completed portion of the order.

11. The company shall thoroughly manage the safety, and the company shall deal with the industrial accident (Ministry of Labor) and the collateral insurance, and all other matters shall be dealt with by the defendant.

12. The defendant shall be held liable for damages incurred as a result of the inspection of various on-site construction before and after the completion of the construction work or after the completion of the construction work (repair period in a contract);

14. Guarantee for performance of a contract;

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