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(영문) 춘천지방법원 원주지원 2021.01.19 2020가단53493
용역비
Text

The defendant's KRW 30,947,000 and its interest to the plaintiff shall be 5% per annum from November 1, 2019 to April 7, 2020, and the following.

Reasons

1. Facts of recognition;

A. On November 15, 2018, the Defendant entered into a contract for construction works with the Gangwon-do Office of Education for the relocation of a C elementary school (hereinafter “new construction works in this case”). Among them, it is determined that the contract date on November 7, 2019 entered into on September 7, 2019 with the non-party D Co., Ltd. (hereinafter “D”).

Subcontract was awarded.

B. The Plaintiff, among the instant new construction works, supplied human resources from September 16, 2019 to February 15, 2020 at the site of the incidental civil works subcontracted by D among the instant new construction works.

(c)

B. The Plaintiff’s portion on September 1, 2019, out of the personnel expenses for the human resources supplied as described in the paragraph, as of November 1, 2019; the part of the portion on October 2019, as of November 19, 2019, as of November 20, 2019; the portion on November 20, 2019, as of December 24, 2019; the portion on December 23, 2019, as of January 23, 2020; the portion on January 26, 2020, as of January 20, 2020; the Defendant directly deposited as of April 9, 202, as of November 20, 201, but did not receive the remainder of the construction cost (hereinafter “the remainder”).

(d)

Meanwhile, on the other hand, the Plaintiff was unable to receive personnel expenses on October 2019, 2019, and thus suspended the supply of human resources.

The plaintiff prepared a "certificate of payment of construction cost" (hereinafter referred to as the "certificate of this case") with the following contents, and the plaintiff believed that the plaintiff continued to supply human resources as stated in B.

CD B EF

E. Meanwhile, on November 22, 2019, the Defendant, at the Gangwon-do Office of Education of Gangwon-do, notified the subcontract agreement to the Gangwon-do Office of Education by making D as a sewage level with respect to the ancillary civil works- the steel reinforced concrete works and the ancillary civil works-to-to-soil works, on the ground that it conflicts with relevant Acts and subordinate statutes on November 28, 2019 (B).

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