(영문) 광주지방법원 2017.01.13 2015나12211

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(영문) 광주지방법원 2017.01.13 2015나12211

공사대금

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1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).

purport, purport, and.

Reasons

1. The first instance court rendered a judgment dismissing both a principal claim and a counterclaim. Since the Plaintiff filed an appeal only against the principal claim in the judgment of the first instance, only the principal claim falls within the scope of the judgment of the first instance.

2. Facts of recognition;

A. The Defendant was awarded a contract for the Bridge (one construction section) from the Han River Construction Co., Ltd.

B. In April 2014, the Defendant subcontracted the “structured construction” to the Plaintiff during the said construction.

C. On April 11, 2014, the Plaintiff commenced construction of the above structure, and suspended construction around October 2014.

[Ground of recognition] Facts without dispute, Gap evidence 2, 3, Eul evidence 3, the purport of the whole pleadings

3. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion ① In the course of construction of the subcontracted structure, the Plaintiff used the Plaintiff’s materials while suspending construction, and the Defendant continued to use the materials, and thus, the Defendant is obligated to pay the Plaintiff KRW 21,734,490 in total, from April 2014 to April 2015.

② The Defendant is obligated to pay a total of KRW 9,540,000 to the Plaintiff’s personnel expenses for September and October 2014.

③ The Defendant is obligated to pay KRW 4,727,90 in the aggregate of the expenses disbursed by the Plaintiff from April 2014 to October of the same year while performing construction works on the structure.

Therefore, the Defendant is liable to pay to the Plaintiff KRW 36,02,390 (i) KRW 21,734,490 (ii) KRW 9,540,000 (iii) KRW 4,727,90) and damages for delay.

B. In order to recognize the defendant's obligation to pay the price according to the plaintiff's assertion, it should be recognized that the defendant agreed to pay the cost incurred in the process of performing construction works to the plaintiff without additional settlement.

The plaintiff and the defendant are the only statements in Gap evidence Nos. 1 through 9 and testimony of the witness C at the trial.

유사 판례

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