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(영문) 인천지방법원 2019.10.17 2018가단27286

인건비

Text

1. The Defendant’s KRW 53,670,00 for the Plaintiff and the following: 15% per annum from September 15, 2018 to May 31, 2019.

Reasons

1. Facts of recognition;

A. C Co., Ltd. (hereinafter “C”) entered into a contract with the Defendant with respect to lighting and waterproof construction works among the new construction works of Ansan-si D Officetel in Ansan-si (hereinafter “instant construction works”).

On February 2018, the Defendant awarded a subcontract to E (hereinafter referred to as “E”) with the price of KRW 80,000,000,000 for the instant work (hereinafter referred to as “the instant work”).

B. All the persons listed in the separate sheet “current Status of Non-Payment of Daily Labor Costs” (hereinafter referred to as the “attached sheet”) including the Plaintiff, shall be another person (hereinafter referred to as the “Plaintiff, etc.”) and F’s introduction from February 2018 to April 2018, participated in the instant other work.

However, on March 2018, when the first time after the commencement of the other day, there is no doubt about the responsibility between F and E or the defendant's relationship with F and E or the plaintiff et al. as to who pays wage, and the F's financial standing is also uneasible, and the plaintiff et al. tried to accept all of the instant construction works.

Accordingly, on March 1, 2018, the Defendant representative G sent the name of the Defendant representative director to the Plaintiff, etc. who intends to visit the scene of the instant works to suspend construction works, and agreed to the effect that “the Defendant is the subject of the instant construction works. The price of the instant works is to be paid to the Defendant directly to his/her employees,” and the Plaintiff, etc. completed the construction by resumption of the instant works.

C. As the Plaintiff et al. did not receive the indicated wage in the attached table “total labor cost” from the Defendant, the Plaintiff et al. agreed to delegate the power of representation to the Plaintiff regarding the receipt of the wage for other works and distribute it after receiving the wage.

Accordingly, the Plaintiff’s claim on August 3, 2018 is “a claim for labor expenses, etc. from February 6, 2018 to April 20, 2018,” and the claim amount is “53,670.”