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(영문) 인천지방법원 2021.02.04 2019나71410

임금

Text

Of the part against the defendant in the judgment of the court of first instance, the part against the plaintiff (appointed party) B shall be revoked, and the revoked part shall be revoked.

Reasons

1. Facts of recognition;

A. On January 7, 2017, the Defendant entered into a subcontract (hereinafter “instant subcontract”) with respect to the contract amount of KRW 4,609,000,000, and the period from January 7, 2017 to March 15, 2017, with respect to the steel reinforced concrete construction among the construction of new buildings on the ground of the Nam-gu Incheon Metropolitan City L (hereinafter “instant construction”).

6. Payment of the price;

(b) Amount completed: (1) Payment made once a month of the method of payment, 40 days after the end of each month.

(c) Quasi-public funds: The payment of any balance after completion of construction and settlement;

9. The rate of warranty bond for defects: 3%; 11%; Article 23 (Security for Defects) ① (K) shall be paid to A (Defendant) in cash or by the following certificate until the amount calculated by multiplying the contract amount by the rate of warranty bond for defects as set forth in the contract by the contract amount is paid:

1. Construction Mutual Aid Association, Specialized Construction Mutual Aid Association, (Intermediate omitted) letter of guarantee issued by this Act - Special Clause (2) of subcontract agreement - General material and installation for construction works in this Section shall be treated as Gap's expense, and in principle, it shall be maintained and managed only;

B. On March 13, 2017, the Defendant agreed with K to extend the construction period by April 30, 2017, and agreed to extend the construction period by July 21, 2017.

(c)

On August 29, 2017, the Defendant requested K to “n to sign a written agreement for the payment of construction cost because it is not prohibited from paying the construction cost that has been extremely low in the state of partial failure to pay the construction cost, and it is necessary to pay the land price of KRW 146.8 billion from N to execute the construction cost.”

(d)

K On September 5, 2017, the remaining supplying price to the Defendant is delayed for the payment of wages of KRW 240,320,00 and KRW 24,032,00 of value added tax. As such, the payment of wages is delayed for the Plaintiff (the appointed party) as well as the Plaintiffs and the designated parties (hereinafter collectively referred to as “Plaintiffs, etc.”)’s monthly labor cost for 120,024,000, and monthly labor cost for July 5, 207.