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(영문) 부산지방법원 2020.03.12 2019가단2519

구상금

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On January 9, 2018, the Plaintiff: (a) subcontracted the instant subcontract price of 310,000,000 reinforced concrete construction works (hereinafter “instant subcontract construction works”) among the D-style D-style D-style D-style D-style D-style D-dong Construction Works (hereinafter “instant subcontract construction works”); (b) the construction period from January 9, 2018 to May 31, 2018 (hereinafter “instant subcontract”); and (c) the contract price under the said subcontract contract was changed to KRW 291,00,000 (labor cost, KRW 197,904,940,940).

B. On January 13, 2018, Defendant B re-subcontracted the instant subcontracted work at KRW 137,700,000 during the instant subcontracted work (hereinafter “instant re-subcontract”) with the amount of KRW 137,70,00 (hereinafter “instant re-subcontract”); and F performed the re-subcontract work by employing the body of persons, such as G and H.

(c) 13 persons, including G, are not paid wages of 32,445,00 won in total from F, and as a result, they refer to F and its immediate contractor as a construction contractor under Article 2 subparagraph 7 of the Framework Act on the Construction Industry.

On the other hand, in order to preserve the above wage claim, the Plaintiff filed a suit against F and the Plaintiff as the Busan District Court 2018Kadan3675 on August 20, 2018 (hereinafter “instant provisional attachment order”). On August 20, 2018, the Plaintiff filed a suit against F and the Plaintiff as the Busan District Court 2018Kadan15792.

Not receiving wages of KRW 5,850,000 in total from F, 20 persons including H filed a complaint against F and the Plaintiff as a violation of the Labor Standards Act.

E. On August 28, 2018, the Plaintiff deposited KRW 32,445,00 as Busan District Court’s gold No. 4424 in 2018 with a deposit for tidal relief pursuant to the instant provisional attachment order.

In addition, on February 21, 2019, the wages unpaid by F between 20 persons, including H, etc. 5.