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(영문) 춘천지방법원 2017.08.30 2016나2400
공사대금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Determination as to the cause of claim

A. The Defendant’s obligation to pay the construction price and the Defendant concluded an oral contract for the interior works of a building located in Gyeonggi-gun C (hereinafter “instant construction works”) around March 2016, setting the Plaintiff’s daily wage as KRW 250,000. The construction materials necessary for the instant construction works are purchased by the Defendant at the request of the Plaintiff, and the fact that the Plaintiff started and continued the instant construction works on March 15, 2016 and suspended the construction on March 26, 2016 may be acknowledged either as a dispute between the parties or by the purport of the entire pleadings.

According to the above facts, the defendant is obligated to pay to the plaintiff additional costs, such as the purchase cost of construction materials required for the plaintiff to perform the instant construction work, including the plaintiff's daily allowance.

B. 1) The Defendant is obligated to pay the Plaintiff KRW 3,00,000 for the Plaintiff’s labor cost (250,000 per day x 12 days) and other expenses 72,000 for the Plaintiff. In full view of the purport of the entire pleadings in Gap’s testimony as well as Gap’s evidence Nos. 1, 7, 9 (including Serial number) and witness D, the Defendant was supplied with construction materials equivalent to KRW 2,732,50 for the instant construction work. ② The Plaintiff was supplied with 1,90,000 for 10 days at the construction site of this case; ② the Plaintiff was paid KRW 7,704,50 per day (190,000 per day x 10,000 per day) and the Defendant’s payment order for the instant construction work within the scope of KRW 60,700 per day after the date following the instant construction site. Therefore, the Defendant’s delivery of KRW 30,2007,2000 per day among the instant judgment cited.

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