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(영문) 제주지방법원 2018.01.18 2016나2437
공사대금
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 16,912,50 and its interest on January 13, 2016.

Reasons

1. Basic facts

A. On June 9, 2015, the Plaintiff entered into a contract with the Defendant, who was awarded a contract for the construction work of Hosel C (hereinafter “instant Hosel”) that was newly constructed on the land of Jeju on the ground of the land of Jeju (hereinafter “instant Hosel”). Of that, the Plaintiff concluded a contract for the construction with the Defendant, stipulating that the uste construction work will be accepted during the construction period of KRW 43,00,000 and the construction period from June 10, 2015 to July 31, 2015 (hereinafter “instant construction”).

B. The Plaintiff fully performed the construction work under the instant construction contract and received the payment of the price in full. Under the Defendant’s direction D’s on-site director, the following additional construction was added.

660,000 won (1,500,000 won) and 660,000 won (1,50,000 won (1,50,000 won) and 650,000 won (1,50,000 won) and 650,000 won (50,000 won) and 550,000 won (1,50,000 won) and 1,50,000 won (1,50,000 won) and 1,50,000 won (1,000,000,000,000,000 won

C. The instant youth was completed on September 25, 2015, and the approval for use was completed.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4, 5, 6, 8 (including each number; hereinafter the same shall apply) or video, and the purport of the whole pleadings

2. The plaintiff's assertion is obligated to pay to the plaintiff the total amount of KRW 16,912,500 (i.e., KRW 15,375,00 x 1.1, value added tax) and damages for delay depending on the following selective claims.

① The Defendant permitted the head of the site office D to use his name as to the instant construction work. Since D orders the additional construction work without legitimate authority to cause damages equivalent to the additional construction cost to the Plaintiff by intention or negligence, the Defendant is liable for the employer under Article 756 of the Civil Act.

② D constitutes a site director, who is an employee with a partial comprehensive power of attorney with respect to the instant telecom project, as such.

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