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(영문) 울산지방법원 2018.01.17 2017가단55284
공사대금
Text

1. The Defendant’s KRW 1,9250,00 and the Plaintiff’s 5% per annum from April 18, 2017 to January 17, 2018, and the following.

Reasons

1. The Defendant was awarded a contract for the new construction of the Ulsan-gu Seoul Metropolitan Government Dropt Rearrangement Factory on February 17, 2016 by the Defendant on February 17, 2016

On June 29, 2016, the Defendant concluded a construction contract (hereinafter referred to as the “instant construction contract”) with the content of subcontracting construction cost of KRW 12,300,000 (including value-added tax) on the Plaintiff as part of the construction works for the construction of the above maintenance plant (hereinafter referred to as “instant construction works”).

2. The parties' assertion

A. On October 10, 2016, the Plaintiff asserted that the construction project was being undertaken under the instant construction contract, and concluded an additional construction contract with E representing the Defendant as the head of the Defendant’s site office of the instant construction project on October 10, 2016, and determined the additional construction cost as KRW 47,360,50 (excluding value-added tax).

In addition, on November 11, 2016, E and additional fire doors and fire doors construction works were determined as price of KRW 720,000 (value added tax separately).

The plaintiff completed all of the above additional construction works.

On January 26, 2017, the Defendant paid only KRW 11 million out of KRW 52,888,550, including value-added tax, to the Plaintiff on January 26, 2017, and did not pay the remainder of the construction cost.

B. There is no authority for the Defendant to conclude an additional construction contract on behalf of the Defendant. Thus, the Plaintiff’s claim for the instant additional construction cost is without merit.

3. Determination

A. The recognition E works as the head of the Defendant’s site at the site of the Defendant’s new maintenance plant construction work.

Paragraph 8 of the instant construction contract provides, “The defendant shall notify the plaintiff in writing when he/she has appointed a supervisor to act for him/her. The supervisor shall supervise and attend the general construction works, and shall give the defendant or the defendant’s field agent instructions, acceptance, or consultation in performing the contract.”

The plaintiff is under the direction of E, a field director, while carrying out the construction of this case.

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