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(영문) 광주지방법원해남지원 2017.09.13 2015가합3215
공사대금 등
Text

1. As to Defendant C’s KRW 55,074,646 and KRW 39,402,336 among the Plaintiff, Defendant C shall be KRW 15,672,310 from May 5, 2015, and KRW 15,672,310.

Reasons

1. The Plaintiff asserted that the Defendants are jointly and severally liable to pay the construction cost, etc. to the Plaintiff on the premise that the Defendants completed the construction work of the new building on the ground D, Jeonnam-gun, Jeonnam-do, under the premise that the Defendants completed the construction work of the new building on the ground D, but Defendant B entered into

There is no evidence to prove that Defendant C entered into a construction contract with the Plaintiff on behalf of Defendant B.

Therefore, the Plaintiff’s claim against Defendant B cannot be accepted without any need to further examine the remainder.

2. Determination as to the claim against Defendant C

A. The facts of recognition 1) Defendant C newly built two agricultural and fishery products storage units, low temperature storage, washing rooms, and managers on the ground of the Donnam-do, Jeonnam-do (hereinafter “instant construction”) around February 2014 (hereinafter “instant construction”).

2) At the time, the Plaintiff and Defendant C did not prepare a disposal document, such as the instant construction contract agreement.

3) On August 2014, the Plaintiff completed the instant construction work. 4) At the instant construction site, the Plaintiff additionally implemented the instant construction work on the parking lot site, drainage system construction, retaining wall construction, low temperature container construction, installation of a washing room, installation of a washing room, a string manager and boiler construction, which were not included in the initial contract.

5) On May 1014, among the instant construction works, there was an accident in which one worker was employed as early May 1, 2014, left knee and knee away from his own car. Accordingly, the Plaintiff subscribed to the employment insurance and industrial accident insurance, thereby allowing the said employee to receive the industrial accident insurance money. Accordingly, as of May 10, 2017 near the date of closing argument in the instant case, the Plaintiff was able to receive the insurance premium of KRW 1,462,450 for the employment insurance premium of KRW 1,462,450 (i.e., insurance premium of KRW 423,640), industrial accident insurance premium of KRW 14,209,860 (=insurance premium of KRW 2,600,370 for arrears of KRW 1,060,80 for disposition fee for arrears of KRW 10,548.

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