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(영문) 대전지방법원 2016.02.17 2014가합5115
인건비
Text

1. The Defendant (Counterclaim Plaintiff) pays the following money to the Plaintiff (Counterclaim Defendant).

(a) 209,745,742 won;

B. The above A.

(b).

Reasons

1. Basic facts (the principal lawsuit and counterclaim shall be deemed to be filed together);

A. On March 5, 2013, the Defendant, who runs a building business, was awarded a contract with the Daejeon Metropolitan Office of Education (hereinafter “Office of Education”) as KRW 3,998,064,00 (the total construction price was reduced to KRW 3,831,802,80 according to a contract for the change as of August 12, 2013 and July 18, 2014) with respect to the construction project for the main school building building in the Daejeon Seo-gu Daejeon District Office of Education (hereinafter “instant reconstruction project”).

B. On April 17, 2013, the Plaintiff entered into a contract for construction with the Defendant to accept a contract with the amount of KRW 366,50,000 with respect to the instant reconstruction works (hereinafter “first construction works”) among the instant reconstruction works, setting the construction cost as KRW 366,50,000.

C. On April 17, 2013, the Plaintiff entered into a contract for the second construction with the Defendant to accept a subcontract for reinforced concrete construction works among the instant reconstruction works (hereinafter referred to as “second-class construction works”) by determining the construction cost of KRW 751,00,000 as the construction cost, April 17, 2013 as the commencement date, and September 30, 2013 as the completion date of the instant construction works.

The details of the construction works shall be 36,50,00 won in total 36,50,706 won in total 150,106 won in the second installation works of 372,704 won in the second installation works of 1981,957 won in the second installation works of 35,00,000 won in the first installation works of 1 rooftop Round Fire Control Work

D. On February 2, 2014, the Plaintiff discontinued each of the instant construction works while failing to perform the construction of a rooftop shot dust waterproofing construction works, emotional installation works, and sound classical installation works, and cut off at the construction site.

Detailed details of non-execution sections are as listed below:

[Ground of recognition] Unsatisfy, Gap evidence 1, Eul evidence 2, each entry (including each number), the purport of the whole pleadings

2. Demand for principal lawsuit:

A. The Plaintiff’s assertion as to the cause of the claim for construction work 1) completed all the remainder of the construction work except for the Roof Blutan waterproofing construction works and emotional installation works among the first construction works.

The defendant shall pay the construction cost corresponding to his fixed interest.

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