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(영문) 춘천지방법원 2018.08.22 2017가합51207

구상금

Text

1. The Defendant shall pay to the Plaintiff KRW 462,802,230 and the interest rate of KRW 15% per annum from July 3, 2018 to the day of complete payment.

Reasons

1. Basic facts

A. After receiving a contract from the Gangseo-gu District University for the “New Construction of the Students’ Welfare Center”, the Plaintiff subcontracted the construction work part of the steel processing work to the Defendant on September 1, 2016, with the construction cost of KRW 149,600,00 (including value-added tax), and the construction cost of KRW 944,90,000 (including value-added tax) for each construction period from September 1, 2016 to December 8, 2016.

(hereinafter referred to as the “each of the above”) of this case. (b)

As a result of the instant construction payment, the Plaintiff: (a) the Defendant’s counterpart to the transaction that the Plaintiff would pay directly pursuant to the Defendant’s or direct payment agreement; (b) September 1, 2016; and (c) the same month.

9. On December 33, 200, KRW 334,400,00, KRW 3300,000 on October 18, 2016, KRW 10,855,90 on November 7, 2016, KRW 11,774,620 on the same month, KRW 246,723,520 on the 30th of the same month, and KRW 37,728,90 on the 37,00 on December 1, 2016, KRW 1,013,282,940 on the aggregate.

C. The Defendant failed to pay the wages, meals, equipment costs, etc. to the parts, and even from December 2, 2016, the Defendant suspended the operation of equipment from around December 2, 2016 due to the failure to pay the equipment costs to the parts, and the parts were also resisted at the Gangnamwon University and on-site offices, etc. on the ground of the failure to pay wages to the parts.

On January 6, 2017, the Plaintiff paid wages and food expenses on behalf of the Defendant. On the same day, the Plaintiff paid KRW 86,083,350 on behalf of the Defendant, KRW 24,56,47,810 on January 9, 2017, KRW 64,56,470 on January 10, 2017, KRW 99,000,000 on January 11, 2017, KRW 12,270,00 on January 16, 2017, KRW 16,40,000 on January 16, 200, KRW 16,239,60 on January 16, 200, KRW 200 on January 16, 2017, KRW 16,239,60 on January 16, 200 on the instant construction site, and KRW 305,207.

[Ground for Recognition: Unsatisfy, Gap evidence 3 through 26 (if there is a satisfy number, including branch numbers; hereinafter the same shall apply)

(2) The grounds of appeal No. 1

2. Determination

A. The Plaintiff’s repayment of the Defendant’s wage and food debt 462,802,230 won to the creditors, such as the Plaintiff’s husband at the construction site of this case, on behalf of the obligees, is as seen earlier, and evidence Nos. 6, 13, 15, 17, 19, 21, 23, 24, and 25 are as follows.