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(영문) 청주지방법원 2015.02.11 2014나2908

임금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The Plaintiff is a steel-frame technician who performs the steel-frame structure construction of a building in the Cheongju area, and the Defendant is a company that received a supply of the Da’s death and E (hereinafter “instant construction”) from the F Co., Ltd. F (Seoul: hereinafter “C”).

B. Under the construction contract with the Defendant, the Plaintiff performed steel framed Construction at the instant construction site from October 201 to July 31, 2012, according to the construction contract with the Defendant, and the construction cost for the E site not paid from the Defendant is KRW 20,150,000.

C. On January 30, 2013, the Plaintiff prepared a power of attorney G with the Defendant representative director G to the effect that “The Defendant representative G shall delegate all the authority to directly pay the Plaintiff the full amount of the unpaid construction cost to the Plaintiff at C” (hereinafter “instant power of attorney”) between the Defendant representative director G and the Defendant representative director G, and received the same.

[Ground of recognition] A without dispute, entry of Gap evidence 2, purport of whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the above construction cost of KRW 20,150,000 and damages for delay calculated at the rate of 20% per annum from September 3, 2013 to the day of complete payment, as the Plaintiff seeks, as claimed by the Plaintiff, from September 3, 2013, the day following the delivery date of the original copy of the instant payment order.

3. Determination as to the defendant's assertion

A. The plaintiff alleged as the defendant, among the construction works of this case, has engaged in the work of 540 tons per ton of 180,000 won (540 tons x 180,000 won = 97,200,000 won per ton of 200,000 won per ton of 90 tons (200,000 won = 115,20,000 won per ton of 200,000 won in total) in the construction work of this case, and the construction work of this case has a total of 111,40,000 won for 111,00,000 won for 8 times, and the defendant has paid the construction work price of 3,80,000 won to the plaintiff.

However, the defendant is in this case.