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(영문) 제주지방법원 2020.08.19 2019나1367

용역비

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

Comprehensively taking account of the overall purport of arguments in Gap evidence Nos. 1 through 7 as to the cause of the claim, the defendant entered into a subcontract with C on June 25, 2015 with respect to the construction cost of the temporary construction work and the construction work of the molded house among Jeju apartment construction works. The plaintiff provided necessary human resources at the construction site. Among them, the plaintiff did not receive KRW 1,580,000 from October 9, 2015 to October 23, 2015. The output certificate submitted by the plaintiff as evidence in this case contains the name of the person working at the construction site, daily allowances, transportation expenses, etc. In the verification column, Eul signed on the subcontracted part to the defendant, and the head of the construction site related to the subcontracted part is the head of the Gu, and the defendant did not request the defendant to answer the above construction site up to 40,000 won on each occasion, but the defendant did not request the defendant to correct the amount of wages during the period from 20,000.

According to the above facts, the Defendant’s legal interest rate of KRW 1.58 million and the following day after the original copy of the instant payment order was served on the Plaintiff from October 6, 2018 to May 31, 2019, the main text of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, Article 2(2) of the Addenda to the Regulations on Special Cases Concerning the Promotion, etc. of Legal Proceedings (Presidential Decree No. 29786, May 21, 2019); the main text of Article 3(1) of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019); and 15% per annum prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.