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(영문) 수원지방법원안산지원 2017.08.08 2016가단29296

노무공급대금

Text

1. Defendant B’s KRW 64,890,000 per annum for the Plaintiff and 6% per annum from August 25, 2016 to February 16, 2017.

Reasons

1. The following facts can be acknowledged in light of the following facts: Gap evidence 1, Gap evidence 2, Eul evidence 3, Eul evidence 1, and the whole purport of the pleadings.

Defendant ViND Construction Co., Ltd. (hereinafter “NonNND Construction”) supplied sewage to the construction of the third floor building located in the wife population D from the Maritime Integrated Construction Co., Ltd.

B. On April 20, 2016, Defendant Viendi Construction entered into an agreement with Defendant B to be supplied with technical manpower (such as trees, steel bars, and straws) to carry out the said steel works, and performed the said steel works under the direction and management of Defendant B by the end of June 2016.

C. On April 2016, the Plaintiff entered into a contract to supply Defendant B with labor, such as tree trees, steel bars, and straws, at the construction site of the said new construction project (hereinafter “instant labor supply contract”), and provided labor on April 22, 2016, and started work.

According to the instant labor supply contract, Defendant B paid the Plaintiff the amount of KRW 14,367,936 on May 24, 2016 (the amount of labor supply for April), KRW 30,000,000 on June 20, 2016 (the part of the amount of labor supply for May), and KRW 13,892,736 on June 21, 2016 (the balance of the amount of labor supply for May 2016), and paid the full amount of the amount of labor supply for May 2016.

E. On June 2016, the Plaintiff continued to supply labor in accordance with the instant labor supply contract. Since Defendant Viendi Construction was unable to properly pay the cost of equipment and materials at the said new construction site, Defendant B demanded a written consent of direct payment (Evidence A3) with the content that Defendant Viendi Construction consents to the payment of KRW 64,890,000 for labor supply during June from June 1, 2016 to June 30, 2016. The Defendant B consented thereto.

F. On the other hand, the Plaintiff was paid with the labor supply price for the six-month period from Dadong Construction Co., Ltd. as the principal contractor.