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(영문) 서울남부지방법원 2020.12.10 2019나61432

양수금

Text

The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.

after the filing of an appeal.

Reasons

1. Basic facts

A. On October 31, 2017, the Defendant is the owner of the instant building, who obtained a building permit from D’s ground detached housing (hereinafter “instant building”) from the luminous market and carried out new construction works of the instant building.

B. On March 30, 2018, C concluded a construction contract with the Defendant to perform the construction of reinforced concrete (hereinafter “instant construction contract”) among the instant construction works, with the amount of KRW 197,00,000, which was determined from April 20, 2018 to June 20, 2018, and the contract amount of KRW 197,000 (hereinafter “instant construction works”). As a special article of the instant construction contract, C entered into an agreement with the Defendant that “the price of steel bars, ready-mixed, pumps, pumps, and short heat shall be directly paid for the instant construction works.”

C. C performed the instant construction work based on the instant construction contract.

From April 10, 2018 to August 31, 2018, the Defendant directly paid KRW 92,947,336, a total of KRW 92,947,336, as shown in attached Table 1, to companies, such as ready-mixed, steel bars, and short heat heat, and paid KRW 92,00,000 in total, as shown in attached Table 2, from March 30, 2018 to June 30, 2018.

However, on July 6, 2018, C was admitted to the Suwon Detention House as a matter of fine arrears, and the Defendant, on July 25, 2018, notified C of the termination of the instant construction contract on the ground that “C was detained in the detention house and became unable to continue construction work any longer.”

E. From May 1, 2018 to June 30, 2018, the Plaintiff engaged in the instant construction work, including nine persons at the construction site.

C In the course of performing the instant construction work on August 1, 2018 to the Plaintiff, on August 1, 2018, C has employed 190,000 parts of the Plaintiff and nine other members per day to work.

As a result, the wages of the above parts incurred from May 2018 to June 30, 2018 are 64,170,000 won, and since all of them are repaid by the Plaintiff on behalf of the Plaintiff, the Plaintiff must pay the wages of KRW 64,170,000 to the Plaintiff.