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(영문) 서울남부지방법원 2018.03.08 2017가단30686

약정금

Text

1. As to the Plaintiff’s KRW 73,210,00 and KRW 41,740,00 among them, the Defendant shall start on March 16, 2017 and start on March 31,470 among them.

Reasons

1. The Plaintiff completed the construction of the mold team among the new construction of Btel in Mapo-gu Seoul, Seoul, which the Defendant performed from October 2016 to March 2017. However, the Defendant did not pay wages, thereby paying wages to 21 team members instead of the Plaintiff.

O In relation to the foregoing, the Defendant paid KRW 21,740,000, out of the unpaid wage to Nonparty C, who is the prime contractor, until March 15, 2017, when the Defendant was not paid, at the time of not receiving a demand for direct payment. The Defendant paid KRW 61,470,000 to the remainder of KRW 61,470,000 until March 15, 2017 (at the same time as wages (at the end of December 2016), and KRW 31,470,000 until March 31, 2017 (at the same time as wages of January 2017).

(O) However, the Defendant does not pay the remainder to the Plaintiff for the remainder of KRW 73,210,000,000, out of the total amount of KRW 83,210,000,000, and the remainder is not paid. As such, the Defendant claims for the remainder of the agreed amount of KRW 73,210,000 and the delay damages therefor.

2. Judgment without holding any pleadings (Articles 208 (3) 1 and 257 of the Civil Procedure Act);