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(영문) 수원지방법원여주지원 2016.08.31 2015가단12279
인건비 및 장비사용료
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff’s request for construction from the Defendant to the same year from April 27, 2015

6. Up to 13, in the Seo-gu, Seo-gu, Seo-gu, Seo-gu (hereinafter “instant construction”) owned by the Defendant, repair and extension works for the C’s above ground.

B. The Defendant paid the Plaintiff KRW 35 million in total with the construction cost of the instant case.

[Ground of recognition] Unsatisfy, Gap evidence 6's video, purport of whole pleadings

2. The plaintiff's assertion and judgment agreed that the defendant directly executes the instant construction and pay 300,000 won per day to the plaintiff. The plaintiff's 4.1 million won per day (=41 days x 100,000 won per day) and the plaintiff's personnel expenses 15,207,50 won (=10,000 won per day x 300,000 won per day x 34 days) 5,737,500 won (=34 days for the plaintiff's overtime wage). D's two personnel expenses 5.24,00 won, materials expenses 5.69,00 won, food expenses 3,000 won, and damages for delay are not paid to the plaintiff. Thus, the defendant asserts that the defendant is obligated to pay the above 26,146,500 won to the plaintiff.

It is insufficient to acknowledge the fact that the Defendant agreed to pay KRW 300,000 per day to the Plaintiff by only the descriptions and videos of the evidence Nos. 1 through 23 (including the number of branch numbers), and that the above equipment fee, personnel expenses, material expenses, food expenses, etc. claimed by the Plaintiff was incurred separately from the Defendant, and there is no other evidence to acknowledge this otherwise. Thus, the Plaintiff’s above assertion is without merit.

3. If so, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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