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(영문) 부산지방법원 2016.08.25 2015나14805

약정금

Text

1. Of the part concerning Defendant Dae Construction Co., Ltd., Ltd. in the judgment of the first instance, the following payments are ordered:

Reasons

1. Basic facts

A. The Defendant Daero Construction Co., Ltd. (hereinafter “Defendant Company”) was awarded a contract for the repair of the crogate defect from the Siro Gun, and subcontracted the contract to Defendant B.

B. On October 17, 201, at around 16:00 on October 17, 201, the Plaintiff suffered injuries, such as cages cages, fuss, and gals, by suffering from accidents during the work process at the above construction site.

(hereinafter “instant accident”. Article 2 (Medical Expenses, etc.) of the Defendants jointly and severally assumed part of medical expenses, surgery expenses, nursing expenses, and consolation money from the time the Plaintiff was injured while performing work at the instant construction site until September 6, 2013, which was concluded in entirety.

Article 3 (Agreement Money) (1) The Defendants shall pay the Plaintiff separate consolation money.

② The Defendant Company paid 10 million won to the Plaintiff on August 10, 2013.

(Receipt: 10 million won shall be paid to the Plaintiff on August 10, 2013) (3) Defendant B shall pay eight million won to the Plaintiff.

Defendant B shall pay to the Plaintiff KRW 4 million on August 15, 2013, and the remainder of KRW 4 million on September 30, 2013 shall be paid to the Plaintiff.

(Receipt: (4) The Defendants and the Plaintiff’s instant agreement were received on August 15, 2013, among eight million won and KRW 4 million. (4) The Plaintiff may separately claim consolation benefits from the Gyeong-Gun Office, excluding the Gyeong-do Office, Gyeong-do and Gyeong-do.

Article 4 (Waiver of Civil Liability) The Plaintiff shall not, in any case against the Defendants after the vehicle, make any claim against the Defendants under the Civil Criminal Labor Standards Act and the Industrial Accident Compensation Insurance Act.

C. On September 6, 2013, the Plaintiff and the Defendants prepared a written agreement stating that “the Plaintiff shall pay KRW 10 million to the Plaintiff on the pretext of the instant accident, the Defendant Company shall pay KRW 10 million to the Defendant Company, and KRW 8 million to the Defendant Company,” respectively (hereinafter “instant agreement”). On the same day, a notary public obtained the said agreement from the D Law Office 2013 to the D Law Office 20126, and the main contents of the said agreement are as follows.

Defendant Company is KRW 5 million to the Plaintiff on August 10, 2013.