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(영문) 의정부지방법원고양지원 2014.11.19 2014가합2020
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. In around 2012, the Korea Land and Housing Corporation entered into a contract with Daewoo Construction Co., Ltd. to subcontract the instant construction work with sections 3 and ancillary civil engineering works (hereinafter “the instant construction works”). on May 14, 2012, Daewoo Construction Co., Ltd. entered into a contract with the Defendant to subcontract the instant construction works with the Defendant. On May 17, 2012, the Defendant entered into a contract to re-subcontract the instant construction works with the Gangwonsan Co., Ltd..., which around that time entered into a contract with the Plaintiff to re-subcontract the entire or part of the instant construction works (where there is dispute between the parties as to the scope of the construction works, and there is no obvious evidence to specify the scope of the construction works).

B. From June 2012, the Plaintiff performed all or part of the instant construction work, and Kangsan, Inc. waived waived the instant construction work on or around December 2012.

The Plaintiff continued to perform all or part of the instant construction, while receiving labor costs from the Defendant at the Defendant’s direction from December 2012 to September 2013.

[Ground: Facts without dispute, entry of evidence Nos. 6 and 7 (including each number), the purport of the whole pleadings]

2. Upon the Plaintiff’s assertion on December 2012, the Gangseosan, Inc., renounced the instant construction, the Defendant ordered the Plaintiff to perform some of the instant construction works, and the Plaintiff’s future disbursement of the site expenses incurred by the Plaintiff from June 2012 to that time (as stated in the evidence A-2, the Plaintiff’s site expenses include expenses for issuing the Plaintiff’s certificate of personal seal impression, treatment employees, name cards production, leave expenses, Plaintiff’s personal vehicle repair expenses, etc., and the site expenses alleged by the Plaintiff appears to refer to all expenses incurred by the Plaintiff while performing the instant construction) or the Plaintiff.

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