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(영문) 광주지방법원목포지원 2019.02.20 2016가단8655
공사대금
Text

1. The Defendant’s KRW 3,466,580 as well as the Plaintiff’s annual rate of 5% from July 1, 2016 to February 20, 2019, and the following.

Reasons

1. Basic facts

A. Around 2015, the Defendant entered into a contract for the “D Corporation” located in Yangyang-gun, Namyang-gun, setting the contract amount as KRW 2,263,082,30 with the Army Special Power Headquarters (hereinafter “Special Power Headquarters”).

Since then, as the design of the above construction has been modified, the total contract amount of KRW 1,624,061,90 was increased to KRW 22,288,971,00 (= KRW 1,624,061,900) around June 11, 2016, the Defendant and the Special Electric Power Headquarters increased to KRW 22,28,971,00 (= KRW 664,909,100).

In addition, the contract term was changed from November 18, 2015 to August 12, 2016.

B. On February 2016, the Defendant, who run a construction business E Co., Ltd. (hereinafter “E”), was separately in charge of managing, supervising, and executing construction works (hereinafter “instant construction”).

At the time, the Plaintiff and the Defendant agreed to perform the instant construction work by investing their human resources and manage and supervise the construction site, and the construction materials, equipment usage fees, and labor costs invested in the instant construction work are directly and severally treated by the Defendant, and because it is difficult for the Plaintiff to process them in direct payment, labor costs and other costs incurred by the Plaintiff were settled by the end of each month and paid them to the Plaintiff

C. In accordance with the instant agreement, the Plaintiff managed the construction site by investing its own expenses and human resources from around February 2016 to June 2016. The Defendant paid KRW 19,206,500 in total to the Plaintiff as the input cost in February 2016 and March 2016, and KRW 15,980,00 in total as the input cost in April 2016, respectively, around May 2016.

[Ground of Recognition: Facts without dispute, Gap evidence 1, Gap evidence 3-4, Gap evidence 10-1, Gap evidence 10-10, Eul evidence 3-3 of this court's naval power headquarters, see Head of 11-1, the result of each fact inquiry about the crew of operations, and the purport of the whole pleadings]

2. Determination:

A. The plaintiff's assertion 1.

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