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(영문) 수원지방법원 2015.07.02 2015가단17612

노임 등

Text

1. The Defendant’s KRW 78,419,00 for the Plaintiff and 6% per annum from July 16, 2014 to March 16, 2015.

Reasons

1. Facts of recognition;

A. On February 2014, 2011, 1999, Gicheon-si Special Metropolitan City Construction Co., Ltd. awarded a contract for the construction of urban-type residential housing (hereinafter “instant construction”) to the Jinjin-si Special Metropolitan Construction Co., Ltd. (hereinafter “Dinjin Special Construction Co., Ltd.”). The Jinjin Special Construction Co., Ltd subcontracted the instant construction to the Defendant during the instant construction.

B. On March 10, 2014, the Plaintiff entered into an agreement on the supply and lease of workers with the Defendant to supply workers under the following conditions at the construction site of this case (hereinafter “instant labor supply agreement”).

The wage of a work worker shall be KRW 150,000,000,000 for daily salary and KRW 1,60,000 for steel bars.

The plaintiff shall pay wages to workers on the working day on behalf of the defendant.

The defendant shall settle the wage generated between them on the last day of each month and pay it in cash on the 15th of the following month.

C. According to the instant labor supply contract, the Plaintiff supplied workers at the instant construction site from March 11, 2014 to the employees on behalf of the Defendant on the working day, and paid the said wages to the employees on behalf of the Defendant. However, after receiving the total of KRW 42,274,00 from the Defendant on March 3, 2014 and April 2014, the amount of KRW 48,730,000 for May 201, 2014, the Plaintiff did not receive total of KRW 71,290,000 for the amount of KRW 22,560,000 for the amount of KRW 7,129,00 for the amount of value-added tax and KRW 78,419,00 for the total amount of labor payment.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendant is obliged to provide the plaintiff with 78,419,000 won, which is the unpaid amount, among the labor costs paid by the plaintiff on behalf of the defendant pursuant to the labor supply contract of this case, and as requested by the plaintiff, it is clear that the original copy of the payment order of this case was served on the defendant from July 16, 2014 until March 16, 2015, under the Commercial Act, and under the Act on Special Cases Concerning the Promotion of Legal Proceedings, etc. from the next day to the day of complete payment.