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Reasons
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(영문) 대전지방법원 2016.05.27 2015나11081
공사대금
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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. On October 2013, the Plaintiff was requested by the head of the Defendant’s site office C for a construction contract with the construction cost of KRW 66,00,000 and the construction period of one month with respect to the construction work of the HFM D (hereinafter “instant construction”).

B. Accordingly, the Plaintiff consented to the above request and commenced the construction from October 22, 2013. However, the Plaintiff completed the instant construction on December 25, 2013 through the process of suspending and resumeing the instant construction, even if the Defendant was able to proceed with the construction by manufacturing and transporting the sn beamline, and the Defendant did not proceed with the said construction even if it was able to do so.

C. After the completion of the instant construction project, on December 28, 2013, the Defendant drafted the construction contract with the Plaintiff’s agent E as follows (hereinafter “instant contract”). As to the instant construction project, the construction cost of KRW 66,360,000 (excluding value-added tax) was set up.

Section 4 of Article 4, 350 x h350 x 350 x 350 x 474 140,000 x 66,360,000,000 of the contractual unit price and the equipment units for non-contractual items. (3) The above agreed amount shall include all the expenses to be borne by the employer due to the employment of workers, such as wages of workers, food, commuting, retirement allowances (mutual aid), overtime allowances, national health insurance, national pension, employment insurance, etc.

Article 9 (Details of Mutual Aid)

1. Global income tax: 1,500,000 won; and

2. Resident tax: 1,232,00 won;

3. Advance payment of KRW 4,000,000; and

4. Food expenses of KRW 8,232,00 in total; and

5. Labor cost in November, December (A et al., 13) 4,00,000 won (payment on December 28, 190).

6. Payment of KRW 52,232,00 in the lawsuit is completed on December 28, 190. [Grounds for recognition] Fact that no dispute exists, Gap evidence Nos. 3, Eul evidence Nos. 1 through 3 and 5, and the purport of the whole pleadings.

2. The parties' assertion

A. The Plaintiff’s alleged costs are KRW 90,655,761 (=67,225,200 (480.18t x 140,000 food, gas, and mountain consumption KRW 87,00).

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