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(영문) 부산지방법원 2017.04.04 2016가단49661
공사대금
Text

1. The Defendant paid KRW 3,560,90 to the Plaintiff KRW 5% per annum from September 9, 2016 to April 4, 2017.

Reasons

1. The Plaintiff’s assertion owner contracted F to F for the new construction of E agency building in Jinju City in KRW 367,00,000,000. The Plaintiff received a subcontract from F verbally in KRW 360,000,000, and re-subcontracted to the Defendant in KRW 167,00,000 during the above construction.

The defendant did not perform the construction works properly but did not pay the lower cost, etc., and the plaintiff paid the lower cost or food expenses on behalf of the defendant.

The defendant did not perform the night electrical work separately contracted by the plaintiff.

In addition, the Corporation has been delayed for more than four months.

The detailed details are as follows: ① 60,000 won for molded wood (three persons); ② 270,000 won for steel material; ③ 1,520,000 won for steel material; ④ 2,60,000 won for cleaning expenses; ⑤ 1,860,900 won for man-made container (G) and 600 won for man-made container (G), ⑤ 1,000,000 won for man-made container (G), 70,850,900 won for food, lodging expenses, 3,000,000 won after the lapse of two months; and ② 200,000,000 won for electricity, etc. of the Defendant; and ④ 16,39,99,980 won for compensation for delay for delay, etc.

The defendant is obligated to pay to the plaintiff KRW 27,450,880 and delay damages.

2. Determination

A. According to Gap evidence No. 10, part of Gap evidence No. 11, and the purport of the whole pleadings and arguments as to the claim for reimbursement of expenses arising from office management, the plaintiff can be found to have paid KRW 600,000 to the defendant who did not properly pay the lower cost, etc.

The Defendant is obligated to reimburse the Plaintiff for the expenses incurred in managing the affairs equivalent to KRW 3,360,900 (= KRW 600,000,000).

On the other hand, in the case of the remainder of expenses, the plaintiff's only the evidence submitted by the plaintiff was not recognized to have spent the same expenses as the defendant's business management.

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