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(영문) 서울동부지방법원 2014.01.28 2013가합1530

공사대금

Text

1. The defendant shall pay to the plaintiff A KRW 1,858,643, KRW 12,92,509, and KRW 14,610,262 and each of the above amounts.

Reasons

1. Basic facts

A. On July 14, 2011, the Defendant entered into a contract with the Korea Land and Housing Corporation for the repair works of J-family rental housing (hereinafter referred to as “instant construction works”) under which the contract was concluded with the Korea Land and Housing Corporation by determining the construction cost of KRW 545,79,80 (which was increased to KRW 1,540,66,930) and the construction period from August 1, 201 to July 31, 2012 (which was extended to August 30, 2012).

B. The Defendant subcontracted the instant construction project to the Plaintiffs by dividing them into the fields of construction, equipment, electricity, distribution, and board. If the Plaintiffs submitted to the Defendant a photograph of the part of the instant construction project to be carried out and executed by each field by means of construction performance and payment, the Defendant submitted to the Korea Land and Housing Corporation the photograph of the construction part, written claim, and household house calculation sheet, and settled the details and amount of the construction work between the Korea Land and Housing Corporation and the Korea Land and Housing Corporation, and agreed to pay the Plaintiffs 60% of the direct cost (hereinafter “each of the instant subcontract”). Accordingly, the Plaintiffs performed part of the instant construction project from August 201 to October 2012, 201.

C. On November 2012, K, which was reported as the representative of the Defendant at the construction site of this case as the overall team leader of the instant construction site, was prepared a confirmation of the fact that the Defendant’s unpaid wages were KRW 39,50,000 for the part of the construction works performed by the Plaintiffs to the Plaintiffs, and KRW 57,333,431 for the Plaintiffs B, KRW 54,30,000 for the Plaintiff C, KRW 18,500,000 for the Plaintiff D, KRW 2,260,000 for the Plaintiff E, KRW 35,00,000 for the Plaintiff F, and KRW 26,925,890 for the Plaintiff G (hereinafter “instant primary confirmation”).

K on March 14, 2013, the first confirmation document in this case is settled with the Korea Land and Housing Corporation.