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(영문) 서울중앙지방법원 2015.02.06 2014가합36660

임금등

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant awarded a contract to the National Highway Construction Industry Co., Ltd. (hereinafter “National Highway Construction”), ① Section 1, damp-style construction (hereinafter “No. 1”) from among the Athn third-class redevelopment apartment construction works, and ② damp-style construction works from among the construction works of apartment complexes of Sejong 2, Zone 3 (hereinafter “No. 2”) among the construction works of new apartment complexes of Sejong 3, respectively.

B. On October 31, 2012, the Plaintiff determined construction costs as KRW 189,59,59,51,859 with respect to “B” among the National Highway Construction Department and “B” among the Construction Work, and (2) entered into a contract with “B” among the Second Construction Work in March 2013 with each quantity-lurging period by determining construction costs as KRW 148,038,30, and according to each of the said respective quantity-lurging contract (Article 8), the final settlement shall, in principle, be made in the actual quantity.

C. Since April 2013, the construction of national highways was unable to pay wages and material costs normally, and there was an event where on-site workers, including the Plaintiff, including the Plaintiff, would punish farming.

Therefore, even though the Defendant urged the construction of national highways to solve the problem such as overdue wages, the situation where the on-site workers occupy the office was occurred on October 31, 2013, and eventually, the instant construction contract was revoked as of November 1, 2013, and the agreement on each of the above construction contracts was terminated while settling the national highways construction and the unpaid construction cost.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1, 2, Eul evidence 1, Eul evidence 2, Eul evidence 2-1, 2, Eul evidence 3-1, 3-2, and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The gist of the Plaintiff’s assertion is as follows: (a) the Defendant is obligated to pay to the Plaintiff totaling KRW 146,001,450 ( KRW 33,317,400 related to the 2nd construction), including the unpaid wages, etc. on the national highway construction ( KRW 114,684,050 related to the 1st construction) and damages for delay.

1. The plaintiff to return unjust enrichment is each of the instant construction contracts between the defendant and national highways construction.