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(영문) 서울중앙지방법원 2017.10.19 2016가단5218303
공사대금
Text

1. The Defendant’s KRW 12,024,00 for the Plaintiff and 6% per annum from July 12, 2016 to October 19, 2017.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the statements in Gap evidence 1 to 6, Eul evidence 1 and 2, the witness Eul's testimony and the entire purport of the pleadings:

The Korea Rail Network Authority has contracted the C Construction to Daewoo Construction Co., Ltd., and treatment Construction Co., Ltd. subcontracted the Defendant with the reinforced earth retaining wall construction during the above construction, and the Defendant re-subcontracted the construction cost for the reinforced earth retaining wall construction during the subcontracted construction to B at KRW 58,00 per m2.

B. B, as described in the preceding paragraph on December 2014, 2014, re-subcontracted the construction cost of 4,500 m2 per 20,000 won per m2 m2 to E during the subcontracted construction subcontracted by the Defendant, but E delayed the progress of the construction project as it did not meet the unit price after performing the construction work exceeding 500 m2.

(hereinafter referred to as the “instant construction”). C. The block Stockpiling and household installation construction is called the “instant construction”).

Accordingly, B re-subcontracted the instant construction work to the Plaintiff at KRW 20,000 per m2 per m2, and the Plaintiff completed the said construction work from April 20, 2015 to November 30, 2015.

(hereinafter referred to as the “instant re-subcontracted construction contract”). D.

On the other hand, B was not an employee employed by the defendant, but was using the defendant's position as the head of the defendant's site with the defendant's consent in relation to the reinforcement retaining wall construction of the D Corporation.

E. The Plaintiff received KRW 68,976,00 from the Defendant and B as the price for the instant construction project, and the amount paid by B is KRW 7,00,000.

F. On May 25, 2016, the Plaintiff urged the Defendant to pay the unpaid amount of KRW 27,424,000 among the instant construction costs, and notified the Defendant to pay the said amount up to July 11, 2016, as the Defendant did not comply with, on July 5, 2016.

2. The assertion and judgment

A. The plaintiff's assertion is from the defendant through the defendant's on-site director B.

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