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(영문) 창원지방법원 2015.06.09 2015가단1317
공사대금
Text

1. The Defendant shall pay 20 million won to the Plaintiff and 20% per annum from December 5, 2014 to the date of complete payment.

Reasons

1. The same year from June 15, 2013 to determine the cause of the claim at the request of B, the Defendant’s on-site director.

8. Until December 18, 200, the construction work was performed at the 12 new construction work sites located in the pentathy C (hereinafter “instant construction work”). The fact that the price of the construction work is KRW 21,300,000 does not conflict between the parties, or that the statement of evidence Nos. 1 and 2 is recognized in full view of the purport of the entire pleadings. According to the above facts of recognition, the Defendant is liable to pay to the Plaintiff damages for delay at the rate of 20% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from December 5, 2014 to the date of full payment, which is the day following the delivery of the copy of the complaint of this case sought by the Plaintiff.

2. The defendant's assertion argues that, in the case of the plaintiff, the defendant did not enter into a direct contract with the defendant as an enterprise which was the site director B, as an individual contract, and that, since the construction cost of this case was paid to the plaintiff B, there is no reason to assume responsibility against

The scope of the ordinary business of the site manager at construction site is all acts related to the conclusion of a subcontract and the payment of the price for the construction in addition to the materials and labor management related to the execution of the construction work. In full view of the overall purport of the arguments in Gap evidence Nos. 1, Eul evidence Nos. 1, 1 and 2, it is recognized that Eul subcontracted the construction work of this case to the plaintiff on behalf of the defendant as the site manager at the construction site manager at the construction site, and the defendant prepared a confirmation document confirming that the construction work of this case is KRW 21,300,000 in the name of the defendant and delivered it to the plaintiff. According to the above facts, it is reasonable to view that the defendant is liable for the construction work of this case to the plaintiff, and even if the construction price of this case was paid to Eul as alleged by

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