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(영문) 광주지방법원순천지원 2015.08.19 2014가단5825

전부금

Text

1. The Defendant shall pay to the Plaintiff KRW 20,374,50 per annum from January 1, 2013 to March 31, 2015, and the next day.

Reasons

1. The following facts do not conflict between the parties, or may be acknowledged by comprehensively taking account of the respective descriptions of Gap evidence 1 to 5 (including paper numbers), Eul evidence 3-2 and Eul evidence 3-6 and the overall purport of the pleadings:

① Upon receipt of a request from C to provide labor to the construction of a second floor building of a second floor building of a house owned by Go Interest-gun D (hereinafter “instant construction”), the Plaintiff mobilized labor workers including E, and provided labor equivalent to KRW 17 million from August 2012 to December 2012, 200, and paid KRW 1,478,000 on behalf of those who provided labor, and paid KRW 3,896,500 out of the cost of materials.

② On January 9, 2014, the instant assignment order was served on the Defendant on January 9, 2014, and the instant assignment order was served on the Defendant on the following grounds: (a) the Plaintiff filed a lawsuit against C on the claim for wage, etc. under the Labor Wage Act (No. 2013da5019); and (b) based on the foregoing judgment, the Plaintiff was issued an attachment and assignment order (hereinafter “instant assignment order”); and (c) the instant assignment order was served on the Defendant on January 9, 2014.

(1) On January 20, 2014, the summary of the Plaintiff’s assertion: (1) The C (Defendant’s high-ranking relationship) did not pay all labor costs, such as wages.

In the construction site of this case, the Plaintiff promised to pay directly labor costs, such as wages, by the F (Defendant’s son) acting for the Defendant, to provide labor continuously.

The defendant is obligated to pay to the plaintiff the total amount of KRW 20,374,500, such as wage, meal cost, material cost, etc. and delay damages.

(2) The defendant is obligated to pay the full amount of KRW 22,374,338 and damages for delay to the plaintiff as the whole creditor.

(Preliminary Claim) Defendant’s summary: ① There was no fact that F promised to pay labor costs, such as wages, to the Plaintiff.

② The Defendant gave C the instant construction work in KRW 90 million.

However, the construction cost paid directly by F is 4,854,00.