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(영문) 광주지방법원 2014.07.17 2013가단46400
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 13,00,000 to the Plaintiff (Counterclaim Defendant) and its related amount from February 21, 2013 to July 17, 2014.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Facts of recognition

On May 23, 2012, the Defendant received a contract for a project, such as improving natural forests from the Jeonnam-gun of Jeonnam-gun, with the service of improving natural forests, cutting, growing young trees, gathering products, and conducting other work (i.e., taking annual installments, collecting products, and arranging) from Jeonnam-gun on July 7, 2012 (hereinafter “D”) under the former Namnam-gun, 74,070,350 won in price, and the deadline for completion of construction.

In addition, on June 5, 2012, the Defendant was awarded a contract on July 31, 2012 with the service of improving natural forests, collecting products, and arranging natural forests and other work (i.e., annual installments, collecting products, and arranging) in the former-nam Gun, and 12 forest and field E (hereinafter “F district”) among “B business” from the former-nam Gun on June 5, 2012 as the price for the service of improving natural forests, collecting products, and arranging them.

The defendant's subcontracting and planting work for the plaintiff is contracted to the plaintiff, <1> the lower part of the tree is divided into the work of cutting down the bottom part of the tree with electric saws, <2> the work of cutting the timber to a certain length by using electric saws convenient to transport the trees after cutting trees, ③ the work of piling up the trees to secure space after cutting and planting, ④ the work of collecting the products collected after moving the trees to another place.

In order to perform the above-mentioned services, the Defendant was found to have engaged in a set of 70.5 degrees in aggregate between the D and F areas (hereinafter “instant work”). At the beginning of June 2012, the Defendant introduced the Plaintiff through the Defendant’s G Ha, and first given the Plaintiff a subcontract amounting to KRW 33,00,000 for the instant work.

Accordingly, on June 14, 2012, the Plaintiff started the work of cutting and planting trees. However, it is judged that it is difficult for the Plaintiff to work solely with the father who works together with the Plaintiff because the area of the forest subject to cutting down the forest subject to cutting down.

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