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(영문) 인천지방법원 2015.05.20 2014가합50315
구상금
Text

1. The Defendant shall pay to the Plaintiff KRW 187,450,630 as well as 20% per annum from February 13, 2014 to the day of full payment.

Reasons

1. Facts of recognition;

A. On September 28, 2012, the Plaintiff entered into a construction contract between the Plaintiff and the Defendant between the Plaintiff and the Defendant, and the Plaintiff. (1) On September 28, 2012, the Coul Global Coul Co., Ltd. (hereinafter “Coul Global”).

(2) On July 1, 2013, the Plaintiff awarded a contract for construction cost of KRW 1,320,000,000 for KRW 1,320,000,00 for the “PD-1.” From the point of view, the Plaintiff awarded a contract for construction work for KRW 1,30,000 for the construction work to the Defendant on July 1, 2013. The Plaintiff awarded a contract for the construction work to the Defendant on July 1, 2013, for the manufacture and installation of the “cululty PD-1 (hereinafter “instant construction”). The construction work of the instant case, from July 1, 2013 to October 10, 2013, determined the construction cost of KRW 687,720,00 (including value-added tax).

B. From September 2, 2013 to November 25, 2013, the Plaintiff paid KRW 381,820,000,00,00 to the Defendant for the initial payment of the instant construction work, on nine occasions. (2) Nevertheless, the Defendant requested the Plaintiff to pay the said payment to the Plaintiff, to re-subcontracts, etc., and to the personal department and sub-subcontracts, etc., on behalf of the Defendant, the Plaintiff paid KRW 292,754,053 in total, personnel expenses, and KRW 292,754,053 in addition to the attached Table 1, as shown in the attached Table 2, as to the instant construction work on behalf of the Defendant, the Plaintiff paid KRW 190,816,177, and KRW 9,780,400 in total, as indicated in the attached Table 3 list.

3) The instant construction project is currently completed. [Grounds for recognition] The absence of dispute, Gap evidence Nos. 1 through 5 (if any) and the purport of the whole pleadings are as follows.

2. Determination

A. According to the above facts, the defendant is obligated to pay the plaintiff's subrogated to the plaintiff labor cost of KRW 493,350,630 = Labor cost of KRW 292,754,053 + Labor cost of the plaintiff.

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