beta
(영문) 전주지방법원군산지원 2019.01.10 2018가단2054

임금

Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. On May 26, 2017, the Defendant awarded to L on May 26, 2017, a contract for construction work that newly constructs the studio on the ground of the Geumcheon-gu Seoul Metropolitan Government M (hereinafter “instant construction work”) for the construction cost of KRW 98 million.

The Defendant, the owner of the instant construction project, or all the matters related to the instant construction project, was exclusively in charge of the Defendant’s mother.

B. L subcontracted the instant construction to the Plaintiff, and the Plaintiff and the designated parties (hereinafter “Plaintiff, etc.”) performed the construction work of the molding part of the instant construction.

C. On October 19, 2017, the Plaintiff and L made an undertaking to the effect that “I will undertake to provide KRW 20 million on the condition that I complete the O construction on the condition that I would deduct KRW 7 million from N, but I will not bring about any civil and criminal issues later.”

[Ground of recognition] Facts without dispute, entry of evidence Nos. 1, 2 and 5, purport of the whole pleadings

2. Determination:

A. The Plaintiff, etc. asserted that the Plaintiff, etc. had worked and worked in the instant work from July 21, 2017 to September 15, 2017 from July 201, to September 2017, and the Defendant paid wages and construction cost to the Plaintiff, etc. during the instant construction work, and thus, the Defendant is obligated to pay the Plaintiff, etc. the unpaid construction cost and the labor cost.

Therefore, the Defendant is obligated to pay the Plaintiff, etc. the unpaid construction cost (29,312,400 won) and personnel expenses (Plaintiff 8,100,000 won, D 1,100,000 won, 3,140,000 won, E, 1,210,000 won, F 1,210,710,000 won, G 1,780,000 won, H6,780,000 won, 13,370,000 won, J 3,140,000 won, and 820,000 won, and damages for delay.

B. It appears that the Plaintiff, etc. had been performing the instant construction project under a subcontract from L. However, solely on the sole basis of the Plaintiff’s assertion, the Defendant is obliged to pay the Plaintiff, etc. the unpaid construction cost and personnel expenses.