logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원통영지원 2014.07.17 2013가단12562
공사대금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Defendant Dae-il Industry is a company that engages in a vessel processing business, the manufacture of equipment and materials for shipbuilding, and Defendant Dae-il is a company that manufactures components of a vessel, and assembles of vessel blocks.

The plaintiff is a person who performs the work by receiving a subcontract for the manufacture, etc. of shipbuilding machinery by recruiting workers.

B. The plaintiff has been awarded a subcontract from the defendants and performed work.

[Ground] Facts without dispute, Gap evidence 1-1, Gap evidence 2-1, the purport of the whole pleadings

2. Determination as to the claim against the defendant Il-il industry

A. On October 2012, the Plaintiff’s summary of the Plaintiff’s assertion was subcontracted with the captain’s office steel works, etc. from the Defendant Daeil Industry to November of the same year. During that process, the Plaintiff did not receive KRW 32,340,000 from the additional construction cost.

In addition, even though the Plaintiff completed the subcontracted construction work on January 10, 2013, the Plaintiff was not paid KRW 6,293,872 of the subcontract price.

Therefore, the defendant Dae-il industry should pay the total amount of KRW 38,633,872.

B. First of all, we examine the portion of the additional construction cost.

It is difficult to readily believe that the Plaintiff’s testimony as stated in Gap evidence No. 3 and witness Eul’s testimony, which appears to be consistent with the Defendant’s instruction that the Plaintiff had installed additional construction as alleged, is insufficient to recognize them solely with the descriptions in Gap evidence No. 1-1, and the images in Gap evidence No. 4-1 through No. 46.

(No evidence exists to deem that the additional construction cost reaches KRW 32,340,000). The Plaintiff’s assertion in this part is without merit.

Next, there is no evidence to prove that the Plaintiff completed the captain of the C-ship with respect to the portion of the subcontract payment.

According to the statement 1 to 4 of Eul evidence 4, the defendant Il-il industry inputs another work team to complete the suspended work.

arrow