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(영문) 춘천지방법원강릉지원 2020.02.04 2019가합84

임금

Text

1. The Defendant’s KRW 292,163,00 for the Plaintiff and KRW 15% per annum from May 28, 2019 to May 31, 2019.

Reasons

1. Determination as to the cause of claim

A. 1) The Plaintiff is running a job placement office with the trade name of “C”. 2) The Defendant was awarded a contract for the entry, installation, decomposition, and removal of a cluster, such as a dormitory and a furniture in the stadium, by the Plaintiff in relation to D.

3) Upon the Defendant’s request, the Plaintiff provided labor at D dormitory and work site in both households in the stadium from December 1, 2017 to February 5, 2018, and the total labor cost accordingly is KRW 437,163,00. The Defendant shall pay KRW 387,163,00 to the Plaintiff for work among D dormitory and stadium households from December 1, 2017 to February 5, 2018 (won) by the date on which the Plaintiff agreed with the Plaintiff to pay KRW 387,163,00 for work costs in the following order by August 31, 2018:

4. 25. 50,000,000

5. November 50, 190,000

5. 30.50,000

6. 30.50,000

7. 30.50,000

8. 31.137,163,00 commitments.

Where the unpaid amount is not paid in full by the payment date, overdue interest on the unpaid amount shall be paid at the statutory rate.

The plaintiff and the defendant must be contacted with each other, and if they avoid such contact, they shall be deemed to be intentional to not perform the obligation.

I agree to take civil and criminal legal measures by deeming it as an intentional act in order to not comply with the payment undertaking even one time at the date of performance and not perform the payment obligation.

4) The Plaintiff received 50,000,000 won from the Defendant from December 20, 2017 to January 13, 2018. On April 17, 2018, the Defendant paid to the Plaintiff the remaining labor cost of KRW 387,163,00 (= KRW 437,163,000 - KRW 50,000) with respect to the payment note (hereinafter “instant payment note”).

5) After the drawing up of the instant note of payment, the Defendant: (a) 40,000,000 won on April 30, 2018; and (b) 30,000 won on the part of the Plaintiff.

5. 10,000,000 won, and the same year.

5. 15.10,000,000 won, and the same year.

5. 31.20,000,000 won, and the same year.

9. October 15, 100,000 won paid total of KRW 95,00,000.

[Ground of recognition] Unsatisfy, Gap evidence 1-3.