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(영문) 대구지방법원 2017.09.01 2016가단120059

임금

Text

1. The plaintiff's claim against Defendant Design L, Inc. is dismissed.

2. Defendant B shall be the Plaintiff on 9,000.

Reasons

1. Basic facts

A. On August 1, 2013, Defendant Design Lel Co., Ltd. (hereinafter only “Defendant Design LL”) and Nonparty C Hospital concluded a contract on the construction amount of KRW 816,200,000 and the construction period from August 8, 2013 to November 201, with respect to electric construction (including telecommunications and fire fighting) and lighting works among the above construction (hereinafter “subcontract or subcontract of this case”). Defendant Design L Co., Ltd entered into a subcontract on August 2013 with the construction cost of KRW 70,000,000 for electrical construction (including telecommunications and fire fighting) and lighting works (hereinafter “subcontract or subcontract of this case”).

B. On December 20, 2013, the Defendants entered into an agreement on the division of construction works with respect to the instant subcontracted project, and rescinded the subcontracting contract, and the Plaintiff, Nonparty D, E, and F (hereinafter the above D et al. collectively referred to as “the Nonparty”) and Defendant Design LEL entered into an employment contract with respect to the remaining parts of the instant subcontracted project as a part of an electrical work on December 21, 2013.

[Reasons for Recognition] Unsatisfy and Written Evidence Nos. 1 and 6

2. The assertion;

A. The Plaintiff’s claim against Defendant Design LI has to pay KRW 16,678,750 among the Plaintiff’s wage liability of KRW 19,180,00 against the Plaintiff and Nonparty from around December 2013 to April 2014 (Plaintiffs 12,420,80,000, the above D2,360,000, the above E3,360,000, and the above F60,000). Defendant Design LII have to pay the Plaintiff unpaid wage of KRW 2,50,250,00 on behalf of the Nonparty. Accordingly, the Defendant asserted that the Plaintiff and Nonparty’s total amount of the wage claim of the Plaintiff and Nonparty did not reach KRW 19,180,000,00, and that the Plaintiff paid the unpaid wage of KRW 16,678,750 from around December 2013 to around December 25, 2014.