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(영문) 인천지방법원 2016.01.21 2015가단45535

임금

Text

1. The Plaintiff (Counter-Defendant)-Appointed A, the appointed parties B, and C’s main claim of this case and the Defendant-Counterclaim Plaintiff.

Reasons

1. The following facts may be found either as a dispute between the parties or as a whole by taking account of the whole purport of the pleadings in each entry in Eul evidence No. 1, Eul evidence No. 4, Eul evidence No. 5, Eul evidence No. 7, Eul evidence No. 8, Eul evidence No. 11 and 12.

1) Plaintiff A is a person engaged in Warsaw Construction, etc. and is a Chinese national who works at the construction site B and C. Defendant D is a person registered as a business entity of “F”, and Defendant E is a person who actually operates F as a partner of Defendant D.

B. Around July 14, 2014, Defendant E was awarded a contract for bathing room construction (ssaw room construction) from among the Gtel construction works in Seo-gu Seoul Metropolitan City, Seo-gu, Seoul Special Metropolitan City, which was awarded a contract with the limited partnership company. Defendant E was awarded a contract for the construction of a shower room construction (ssaw room construction) from Defendant E around August 2014, 420 among the I dormitory construction works in Seopo-do, Seopo-do, Seopo-do.

2. Determination on the main claim

A. The plaintiffs' assertion 1) around July 2014, the plaintiff Eul received a subcontract for the bathing room work from the defendant Eul to 21,136,000 won (839%) among the new construction works of the Seo-gu Incheon Metropolitan City Gtel, and the defendant Eul paid only 19,700,000 won among them and did not pay the remainder of 1,436,000 won. 2) Further, the plaintiff Eul and the selected parties Eul, and Eul received joint expenses, such as 20,000 won per capita and parking fees, from around August 7, 2014 to 13, 200, the defendant Eul did not pay the total of 4,920,000 won (37,000,000 won per day) for 30,000,000 won per day, 300,000 won per day.

3) Accordingly, Defendant D, the name holder of Defendant E, is jointly and severally liable to pay the Plaintiff KRW 3,156,000 (i.e., KRW 1,436,000, KRW 1,720,000, KRW 1,600,000, KRW 1,600,000, and each damages for delay thereof to the Plaintiff.

(b)be recognized;