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(영문) 서울중앙지방법원 2016.11.25 2016가단5093306

공사대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion that the defendant ordered the plaintiff, the representative of workers, to calculate wages for each floor and each household, and ordered work at the apartment construction site. Thus, the defendant is obligated to pay the plaintiff wages.

In addition, the defendant is obligated to pay to the plaintiff the direct management benefit that the contractor is obligated to pay to the plaintiff as the contractor.

Wages, etc. that the Defendant did not pay to the Plaintiff are 68,397,070 won (=4,147,000 won + 26,796,170 won + 37,453,900 won + 26,79,170 won + 37,453,900 won (= 4,147,000 won + 26,796,170 won).

Therefore, the defendant is obligated to pay to the plaintiff 68,397,070 won and damages for delay.

2. Therefore, we cannot accept the Plaintiff’s above assertion inasmuch as there is no other evidence to acknowledge the Plaintiff’s above assertion on the basis that the Plaintiff’s above assertion is insufficient to accept the Plaintiff’s above assertion, on the ground that the Plaintiff’s above assertion is not sufficient to acknowledge it.

3. If so, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.