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(영문) 춘천지방법원 2016.08.18 2014가단11133
손해배상
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts do not conflict between the parties, or are acknowledged in full view of Gap evidence Nos. 1, 3 through 115 (including each number), Eul evidence Nos. 3, Eul evidence Nos. 1, Eul evidence Nos. 2-1, Eul evidence Nos. 2-1, and Eul evidence Nos. 5-1, 2, Eul evidence Nos. 1 and 2-1 of Eul evidence Nos. 2, and the whole purport of the pleadings as a whole. The following facts do not conflict between the parties, and there is no counter-proof.

On May 12, 2011, the Plaintiff entered into an agreement with the Defendant to participate in the construction of D (the upper part and lower part of D) among the road construction works in the Gangwon-gun, Gangnam-gun, the construction cost of which is KRW 506,882,00 (excluding value-added tax). The fixed progress payment shall be paid in cash at the end of each month after the end of 45 days, and the fixed progress payment shall be paid in cash after the end of each month, and the equipment cost, material cost, labor cost, and labor cost shall be paid by the Plaintiff and deducted from the Defendant’s flag ingredients (hereinafter “instant agreement”).

B. The Plaintiff and the Defendant concluded an additional construction contract for KRW 40,172,360 (hereinafter “instant additional agreement”) with respect to additional construction, such as the Slives Slives Slives Slives Prevention Network and Safety Expense Development Market.

C. Around December 2011, the Defendant completed the construction under the instant agreement and the instant additional agreement.

From June 201 to March 2012, the Plaintiff directly paid KRW 667,56,273 to the Defendant, or paid KRW 667,56,273 to the Defendant as equipment cost, material cost, food expenses, etc. to the father’s labor cost employed by the Defendant and to the customer who supplied the materials to the Defendant.

2. Determination

A. The plaintiff's assertion is primarily based on the agreement of this case and the additional agreement of this case, KRW 547,054,350, and KRW 31,089,065 as value-added tax. Thus, the amount that the plaintiff is liable to pay to the defendant is KRW 578,143,415, and KRW 667,556,273 is paid to the defendant. Thus, the defendant is liable to pay it to the defendant.

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