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(영문) 대구지방법원 영덕지원 2018.04.24 2017가단1269
구상금
Text

1. As to KRW 47,396,00 and KRW 18,496,00 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 28,90,000 from August 12, 2017.

Reasons

1. Facts of recognition;

A. The status of the Plaintiff is a person who is engaged in construction business in the trade name of “B”, and the Defendant is a corporation that runs construction business.

B. C Corporation 1 of this case) The Defendant received a supply of multi-family housing construction from Gyeongjin-gun, Chungcheongnam-do, Chungcheongnam-do, and the part of the mold construction among them (hereinafter “instant C Corporation”).

(2) The Plaintiff, from March 1, 2017 to June 30, 2017, ordered the Plaintiff to work in the instant C construction site to build a mold. The Plaintiff’s price is KRW 53,496,000.

C. 1) E is the first integrated construction company (hereinafter the name of the corporation is omitted.

) A contract was made for construction of the apartment building D in the Gyeongjin-gun, Chungcheongnam-do, and the integrated construction of the construction works is the part of the molded construction (hereinafter “D”).

(2) The Plaintiff provided a type of molding construction work to the Plaintiff. (3) The Plaintiff provided a type of molding construction work at the instant D construction site.

3) On May 30, 2017, the Defendant: (a) issued a written confirmation of non-performance of labor costs to the Plaintiff that “the price related to the instant D Corporation is KRW 123,90,000; and (b) paid the said price to July 20, 2017; and (c) paid the Defendant the said debt to the Plaintiff on June 20, 2017; and (d) the Defendant paid the Plaintiff KRW 50,000,000,000, out of the price indicated in the said written confirmation.

E on February 22, 2018, paid to the Plaintiff KRW 20,000,00 each of the instant D Construction Costs.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 6, Eul evidence Nos. 2 and 4 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the sum of the unpaid labor costs of KRW 82,396,00 (=53,496,000 + KRW 28,900,000 + KRW 50,000 - KRW 50,000,000 - KRW 25,000,000 - KRW 20,000), and damages for delay.

B. The defendant.

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