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(영문) 대전지방법원 2016.03.16 2015가단33905

임금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for 20,450,000 won and the period from December 25, 2015 to March 16, 2016.

Reasons

1. Basic facts

A. On September 12, 2014, the Defendants entered into a contract with D on the “alley construction among the five new construction works for a multi-household and two lots of land,” respectively, stating that the prime contractor of the said contract is “B and four persons,” and that “a contract amount is “a project owner: 450,000 won per three square meters of the permitted area: 1/2 of the permitted area per 3.3 square meters of the pen, and the contractual horizontal number: a small number of burners, calculated amount: the subsequent settlement, and the installation cost of external heat pumps: one million won per unit.”

B. The Plaintiff, while operating a job placement office under the trade name of “F”, supplied D with human resources necessary for the pelpel works from September 2, 2014 to April 2, 2015, and was not paid KRW 34,675,000.

C. On May 6, 2015, the Plaintiff applied for a payment order against D with the Daejeon District Court 2015 tea2761, and filed an order to pay labor costs with D, and “D shall pay to the Plaintiff KRW 34,675,00, and to the Plaintiff at the rate of 20% per annum from August 13, 2015 to the date of full payment” was issued and finalized on August 27, 2015.

Based on the original copy of the above executory payment order, the Plaintiff filed an application for a seizure and collection order against the claim for the construction cost under the above contract (principal KRW 34,675,00, delay damages KRW 1,440,055) with the Daejeon District Court 2015TTT1479, the amount claimed by the Daejeon District Court 36,159,555 won, the debtor D, and the third debtor C, and the above order was served with the Defendant C on November 11, 2015 upon receipt of the above execution order.

In addition, based on the original copy of the above executory payment order, the Plaintiff filed an application for the seizure and collection order against the claim for the construction cost claim under the above contract (principal KRW 34,675,00, delay damages KRW 2,019,00) with the Daejeon District Court 2015TTT1595 as the claim amounting to KRW 36,738,50, the debtor D and the third debtor B, and the above contents are the same from the above court.