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(영문) 서울남부지방법원 2020.04.16 2019나60972

임금

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. Determination as to the cause of claim

A. The gist of the Plaintiff’s assertion was that the Plaintiff entered into a contract for construction of steel and concrete with C Co., Ltd. (hereinafter “Non-Party Company”) and performed steel, concrete, and raining construction work at the site of construction of the complex housing building located in Yongsan-gu Seoul Metropolitan Government from August 23, 2016 to November 4, 2016, and the Plaintiff has a claim for the payment of the construction price of KRW 10.8 million against the Non-Party Company.

However, on October 15, 2016, the Defendant Company, the executing company of the above construction, notified the Plaintiff that the construction should be suspended while directly managing the above construction.

Therefore, the defendant company is obligated to pay the plaintiff the above construction cost of KRW 10.8 million and delay damages.

B. The Defendant, as the executor of the instant construction, assumed the Defendant’s obligation to pay the unpaid construction cost to the Plaintiff by itself with the statement of evidence Nos. 1 through 4 submitted by the Plaintiff.

(1) The Plaintiff’s failure to recognize that the Plaintiff performed the construction work, such as steel bars after the discontinuance of the construction work, and there is no other evidence to acknowledge it.

2. Thus, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is just and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.