logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주고등법원 (전주) 2017.01.19 2015나102854
공사대금
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Determination on the cause of the claim

A. A. The summary of the cause of the claim 1) The Defendant was awarded a contract for KRW 1,192,081,000 of the contract amount from the Japanese Construction Co., Ltd. (hereinafter “Seoul Construction”) around January through February 2, 2010 for the construction of the Daejeon Cable block (hereinafter “Seoul Construction”).

B) On August 20, 2010, the Defendant and Japan Construction changed the said contract amount to KRW 1,160,874,000, and the Plaintiff changed to KRW 1,62,656,000 on December 23, 201. (2) On February 25, 2010, the Plaintiff was proposed to perform the instant construction work by telephone from the Defendant and the construction specifications concerning the instant construction work (Evidence 5-1, 5-1, 201);

2. The construction specifications of this case (hereinafter referred to as “instant construction specifications”).

(B) On February 2010, the Plaintiff received a subcontract for the instant construction work from the Defendant and determined KRW 984,56,850, which is the amount indicated in the instant construction work statement, as the subcontract price.

3) The Plaintiff’s construction of the instant construction work, from March 2010 to November 201, 201, completed the instant construction work and completed the repair work for defects arising in the instant construction work from March 201 to May 201. 4) Accordingly, the Defendant is obligated to pay the Plaintiff the remainder of KRW 27,932,340 (=96,850), which remains after deducting the sum of KRW 706,634,510 paid directly to the Plaintiff or paid for wages, material expenses, etc. on behalf of the Plaintiff, from the sum of KRW 984,56,850 (i.e., KRW 984,56,660 - 706,634,510), and damages for delay indicated in the purport of the claim.

B. The Defendant asserted that there was no subcontracting to the Plaintiff as to the cause of the claim against the Defendant 1, the Defendant employed the Plaintiff and managed the human resources and construction site on the ground of the need of the head of the team to manage the human resources to undertake the instant construction work.

arrow