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(영문) 서울동부지방법원 2019.05.08 2018나2648

공사대금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff, from the Defendant, was awarded a subcontract for electrical construction among the new construction works of the D Logistics Center, which the Defendant started in Open-si C in Young-si, and was notified by the Defendant of the termination of the subcontract around January 3, 2017, and 2017

1. On 18. 18. The Plaintiff agreed with the Defendant to suspend electrical construction and receive KRW 22 million (including value-added tax) from the Defendant, but the Plaintiff agreed to receive confirmation of the disbursement of the above settlement amount from the Defendant.

(B) No. 3, hereinafter referred to as "the settlement agreement of this case".

On January 26, 2017, the Defendant paid KRW 10 million out of the instant settlement agreement to the Plaintiff.

C. On January 26, 2017, the Defendant directly paid KRW 2,480,00 to E, and KRW 2,480,00 to F, G 2,325,00, and KRW 1,690,000 to H, and KRW 50,00 to I, as salary for December 26, 2016, the Plaintiff was obligated to pay to workers.

In addition, on January 31, 2017, the Defendant paid KRW 1,430,000 as the monthly salary that the Plaintiff would pay to J on December 2016.

(However, the defendant remitted to each of the above workers the sum of the monthly wages that the defendant should pay to each of the above workers.

On February 24, 2017, the Plaintiff requested the Defendant to pay the instant settlement agreement amount as agreed to use KRW 4 million with the equipment rental fee of KRW 4 million.

Accordingly, on March 23, 2017, the Defendant directly paid 4,169,090 won to J, and 1,100,000 won for equipment rental to K on March 31, 2017.

[Reasons for Recognition] Facts without dispute, entry of Eul Nos. 1 through 7 and 9 (including each number), the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. The Defendant paid only 10 million won out of the instant settlement agreement amount to the Plaintiff, and the remainder of 12 million won (=20 million won) must be paid.

B. Unless otherwise, when a considerable amount out of the instant settlement agreement was disbursed as labor cost, the Defendant’s settlement agreement is equal to that of the Plaintiff.