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(영문) 의정부지방법원 2017.04.28 2016가단19589
공사대금 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts may be found either in dispute between the parties or in Gap evidence Nos. 1 and 3-1 to 8, either as a whole, as a whole, of the arguments.

The Plaintiff is engaged in the interior business of interior, electrical equipment, general steel products, and tools business with the trade name of “B”.

B. (1) From October 2015, the Plaintiff entered into a subcontract for electricity, fire-fighting, and telecommunication works among the construction works in the corresponding column for the construction transaction in attached Form 1, and performed the construction by providing the Defendant with the necessary seal for the said construction work.

(2) The personnel expenses of the personnel portion were calculated as KRW 140,000 per person, and the personnel expenses included miscellaneous expenses, such as food expenses and oil expenses.

2. Judgment on the plaintiff's claim

A. (1) The Plaintiff’s assertion from October 2015 to the Defendant, determined that the construction work of electricity, fire fighting, and telecommunications is KRW 253,580,000 as stated in the subcontract details of the Plaintiff’s assertion from the Defendant.

The Plaintiff’s 106,845,200 won (i.e., KRW 253,580,000 - KRW 106,845,200), among the subcontracted construction works, shall be paid from the Defendant. However, the Defendant paid only KRW 84,359,550, as shown in the attached Table 2’s payment of the construction cost, and the remainder of KRW 62,375,250, as in the attached Table 2’s payment of the construction cost.

Since the defendant guarantees 140,00 won per day, food expenses, and oil expenses for the additional construction works D, the construction cost to be paid by the defendant is as follows. The defendant is obligated to pay to the plaintiff KRW 72,621,282 and delay damages.

[Attachment] (2) The Defendant concluded a subcontract contract with the Plaintiff in the amount of KRW 168,00,000,000 in total, including the construction cost of KRW 130,000,00 in the C site, the construction cost of KRW 18,00,00 in the field of D ordering construction work, and the construction cost of KRW 20,00,00 in the field of E-site construction work.

On April 2016, the defendant would settle the E-site construction work between the plaintiff and the plaintiff.

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