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(영문) 부산지방법원 2017.05.30 2016가단55345
공사대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On September 2015, 2015, the Plaintiff’s assertion was subcontracted to the Defendant for the instant construction of toilets, etc. (hereinafter “instant construction”).

The plaintiff supplied human resources and the defendant supplied materials such as others, but the defendant paid labor cost, food cost, the plaintiff's labor cost, accommodation cost, transportation cost, and supplementary materials cost.

The total amount of labor cost of KRW 27,30,000, food cost of KRW 2530,000,000, the total amount of labor cost, lodging cost, and transportation cost of the Plaintiff is KRW 4.64,00,000, and KRW 5,030,000. The Defendant paid only KRW 10,000 among them.

The Defendant is obligated to pay the Plaintiff the construction cost of KRW 29 million (i.e., KRW 39 million - KRW 10 million) and the delay damages.

2. The statements in Gap evidence Nos. 1, 2, and 4, and testimony of witness E are insufficient to recognize that the plaintiff was awarded a subcontract for the instant construction work from the defendant, and there is no other evidence to acknowledge it.

Rather, the following circumstances, which are acknowledged by the purport of the statement and pleading No. 5, the Plaintiff asserted that the Defendant sent a quotation to F (G company) on the part of the Defendant at the time of concluding the subcontract, but the Plaintiff appears to be an employee of H company; evidence (Evidence No. 3-1, No. 3-3) submitted by the Plaintiff was indicated as “H”; and the Defendant did not go against the Plaintiff’s position of the head of H company. In light of the following circumstances, the Plaintiff’s party to the subcontract to the instant construction project is H company, and the Plaintiff is deemed to be merely an employee.

The plaintiff's claim of this case is without merit.

3. Conclusion, the plaintiff's claim of this case is dismissed as it is without merit.

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