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(영문) 대전지방법원 2019.03.07 2018가단204524

체불임금 및 퇴직금 청구의 소

Text

1. Defendant C Co., Ltd.:

A. As to KRW 21,00,000 among Plaintiff A and KRW 10,500,000 among them, from February 20, 2018;

Reasons

1. Facts of recognition;

A. Around 2015, Defendant D Co., Ltd. (hereinafter “D”) was awarded a contract from FF Co., Ltd. to the contract price of KRW 79,250,161,00 (including value-added tax) for the new construction of multi-family housing granted by G G Co., Ltd.

B. Defendant C Co., Ltd (hereinafter “C”) is from May 3, 2016, as seen above D.

From May 3, 2016 to May 31, 2017, the aggregate construction period of which was subcontracted in KRW 10,812,00,000.

After September 6, 2016, the contract price was changed to KRW 10,867,900,000, and on April 21, 2017, the contract price was changed to KRW 11,610,000,000 until June 30, 2017.

C. C On September 2, 2016, H and above, a non-registered director of C.

Of the frame construction in subsection (hereinafter “instant construction”), the construction cost shall be 464,689,050 won (=area 189,669 square meters x unit price 2,450 won) with respect to the instant construction project (hereinafter “instant construction”) and the performance-based contract was entered into with H, which includes the payment of money excluding taxes and public charges, among the amount saved at the time of final settlement, as performance-based rates.

Plaintiff

A and net I (hereinafter referred to as “the deceased”) provided the following labor for the instant construction work from November 1, 2016 to November 22, 2017, according to H’s instructions, etc., and during the said period, the employer as a daily worker C was subscribed to employment insurance.

E. On September 21, 2017, D notified C that “The construction has not been completed within the contract period due to the delay in the payment of construction costs, lack of construction capacity, lack of process management capacity, etc.” cancellation of the construction subcontract.

F. On January 15, 2018, Defendant C prepared a letter of intent to pay KRW 21,00,000 to the Plaintiff ( KRW 10,500,000 each on February 5, 2018 and March 5, 2018), to the Deceased KRW 10,440,00 ( KRW 5,440,000 each on February 5, 2018, and KRW 5,000 each on March 5, 2018) to the Deceased.

(g) On July 14, 2017, the Plaintiff, the Deceased, etc., as the director of the Defendant C, shall be deemed to have completed the payment for the portion of May and June.