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1. The defendant shall pay 29 million won to the plaintiff and 20% per annum from May 4, 2013 to the date of complete payment.
Reasons
1. Basic facts
A. Around January 2010, C Co., Ltd (hereinafter referred to as the “sub-company”) concluded a contract with the Defendant and seven other parties to set the construction cost as KRW 250,000 with respect to the damage prevention work near the reinforced military E (hereinafter referred to as the “instant construction”) and entered into a contract with the contractor (hereinafter referred to as the “instant contract”).
B. The Plaintiff continued to accept the instant construction work from the sub-committee company with a subcontract for the said construction work 197 million won.
C. Meanwhile, between April 5, 2010 and March 29, 2011, the Plaintiff, at the Defendant’s direction, used 29 times a total of 29 times per day of the digging dump trucks at the same construction site and carried out the business of cutting off and moving 58 blasting dump trucks (hereinafter “instant additional work”).
[Ground of recognition] The fact that there is no dispute, Gap 1 through 5 (including each number), Eul 1 and 2, witness F, and D's testimony, the purport of the whole pleadings
2. Determination
A. A. The summary of the Plaintiff’s assertion 1) The main point of the Plaintiff’s assertion is that the blasting table for the instant construction works shall be owned by the Plaintiff as the actual work executor. The Defendant’s instruction determines the user fee of the digging pool to KRW 700,000 per unit, and the blasting board to KRW 150,000 per unit of a dump truck to be KRW 150,000 per unit, and the instant additional construction is carried out separate from the instant construction works. As such, the Defendant is obligated to pay to the Plaintiff the Plaintiff the price of the instant additional construction works 29,00,000 won (=15,00 won x 5,00 won x 58), and delay damages therefrom (=7,000 won x 29 days) and the instant additional construction works are included in the instant contract, and all payments were paid to the Nonparty Company.
B. In full view of the purport of the entire pleadings with respect to each testimony made by F and D as to the cause of the claim, the blasting seats generated from the instant construction works shall be owned by the Plaintiff, and the remaining miscellaneous and soil shall be owned by the Defendant.