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(영문) 광주지방법원 2017.09.22 2016나8400

임금

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. The parties' assertion

A. The plaintiff's assertion is a person who operates human resources supply business, etc. with the trade name B, and the defendant is a company with the purpose of waterproof and landscaping construction business.

Around July 2015, the Plaintiff entered into a labor supply contract with the Defendant to supply the necessary labor personnel to the Defendant’s work, and supplied the said personnel worth KRW 15,540,000 from July 16, 2015 to November 2, 2015.

Therefore, the defendant should pay the remaining labor cost of KRW 8,540,000 after deducting the labor cost of KRW 7,000,000 paid to the plaintiff.

B. The Defendant’s assertion that the Plaintiff supplied only labor costing to KRW 8,540,00 from July 16, 2015 to November 2, 2015. Since the Defendant paid KRW 7,00,000 among the labor cost, the Defendant’s labor cost to be paid to the Plaintiff is KRW 1,540,000.

2. Comprehensively taking account of the overall purport of arguments as to Gap evidence Nos. 1, 3, and 4 and Eul evidence Nos. 1 through 3 (including various numbers), the defendant was awarded a subcontract for waterproof construction work from Seo Young-gu Housing Co., Ltd. on July 28, 2014; the plaintiff supplied 15,540,000 won to the defendant from July 16, 2015 to November 2, 2015; the defendant paid 7,540,000 won to the plaintiff on October 19, 2015; the defendant paid 8,540,000 won per annum to the plaintiff; thus, the defendant's obligation to pay 15,540,000 won per annum from the date of the payment order to the date of the next 215,200,000 won per annum from the date of the performance of the obligation to pay the plaintiff for late 216,2016.

The plaintiff shall supply 8,540,000 won after the date of the last supply to the worker.