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(영문) 광주지방법원 2016.11.11 2015가단520766
공사대금
Text

1. The independent party intervenor's claim is dismissed;

2. The litigation costs shall be borne by the independent party intervenor;

Reasons

1. Basic facts

A. On March 10, 2015, an independent party intervenor entered into a construction contract with the Defendant with the content that an independent party intervenor will transport soil and sand generated during the new construction work among the new construction works of the North-gu Seoul Northern-gu B (hereinafter “instant construction contract”).

The main contents are as follows:

The name of summary construction work: The construction site for the New Construction of Gwangju apartment: the period between December 11, 2014 and September 30, 2015 (in-house use): the agreed amount: 1,100 won per one cubic meter (VAT separate) for the remaining soil treatment area: 150,000 cubic meters.

1. A contractor (in the case of an intervenor of an independent party), he/she shall be responsible for transporting the remaining soil from the defendant to KRW 1,100 per one cubic meter of the agreed amount;

2. With respect to the appurtenant construction works and expenses thereof, a contractor shall pay 50% of the amount spent from the commencement date of the said construction works to the completion date by the contractor;

(Omission)

4. The materials concerning the appurtenant works and expenses shall be submitted to the contractor at his/her request;

(Omission)

6. Details included in appurtenant works and expenses shall be carried out by the Minister of Construction, the chief of the Working Group, the number of signals, the person in charge of facilities with three wheels, the person in charge of reporting (vehicle record), the person in charge of earth hairing on the loaded vehicles, sprinklings, sprinklings, whites, aggregate transport and material costs, three wheeled facilities, trees and straws, containers and office fixtures, food stuffs, and others.

(hereinafter omitted) Incidental works and expenses may be additionally incurred.

A contractor: A contractor who is a joint guarantor of an independent party intervenor: D

B. From March 17, 2015, an independent party intervenor transported Saturdays at the same construction site in accordance with the instant construction contract from March 17, 2015, and thereafter, the independent party intervenor transported further earth and sand at the Defendant’s request, and transported a total of 160,482 cubic meters from June 25, 2015.

C. Gwangju apartment construction corporation was completed on January 2016.

[Grounds for recognition] A(1) through (2)

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