logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.08.18 2014가합5794
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company running the soil construction business, etc., and the Defendant A (hereinafter “Defendant A”) is a company running the aggregate transport business, etc., and the Defendant B was employed by the Plaintiff on April 27, 201 and worked as the head of the field office.

B. On August 24, 2012, the Plaintiff was awarded a subcontract for the earth structure construction work (hereinafter “instant construction work”) among the construction works for building roads located in Suwon-si, where the cost of water supply was ordered by Daea Construction Co., Ltd. (hereinafter “Sabya Construction”).

C. On September 24, 2012, the Plaintiff entered into a contract with Defendant A to transport and remove earth and sand generated from the construction site of the instant case from September 25, 2012 to October 25, 2012, and recognized 13 cubic meters per 25t dump truck (hereinafter “transport truck”) as transportation cost, and paid KRW 34,000 per transport truck by 2,615.

On October 25, 2012, the Plaintiff and Defendant A revised the instant contract with the purport to pay KRW 37,000 per truck by raising the transportation cost from October 26, 2012 to the completion of the instant construction work, and by raising the transportation cost to KRW 2,846 per cubic meter, respectively, to pay KRW 37,00 per truck.

(hereinafter “this case’s soil and sand transport contract”). E.

Defendant B, as a site manager at the construction site of this case, supervised the removal and transportation of soil and sand, and issued a certificate of shipment whenever truck is carried out once.

F. From September 25, 2012 to December 29, 2012, Defendant A carried out and transported soil and sand on the instant construction site in accordance with the instant soil and sand transportation contract, and set off two earth and sand stations designated at Suwon City and other construction sites.

G. Defendant A presented to the Plaintiff a letter 6,849 of the shipment certificate, and demanded the transport cost on the premise that he transported soil and sand from 89,037 cubic meters (=6,849 x 13 cubic meters). Defendant A demanded the transport cost from the Plaintiff as the first transport cost and the second transport cost from 51,95,800 won and 13 cubic meters.

arrow