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(영문) 광주지방법원 2019.05.16 2018가합58931

손해배상(기)

Text

1. The Defendants jointly share KRW 14,448,030 with respect to the Plaintiff and the period from June 16, 2014 to April 27, 2018.

Reasons

1. Basic facts

A. The status of the parties is a company awarded a subcontract for the installation work of the second section’s machinery construction work (hereinafter “instant construction work”) among the construction work of newly constructing the Seo-gu F apartment in Gwangju from E Co., Ltd., and Defendant B is the head of the site of the instant construction work, and Defendant C is an employee belonging to the Plaintiff, who takes charge of all duties at the site of the instant construction

B. The Defendants criminal punishment of the Defendants on December 22, 2015 (hereinafter “Defendant C”) received a summary order of KRW 14,48,030,00 from the Plaintiff on November 15, 2015, under the same manner as the list of crimes in the attached Table, the Defendant C received an order of summary order of KRW 5,00,00,000 from the Gwangju District Court issued on April 19, 2016, on the following grounds: “In spite of the absence of the fact that she did not work at the construction site of this case, the Defendant B prepared a false work log as if G had performed the work, signed and sealed the work log, and claimed labor cost of KRW 813,970,00,00,000, in excess of 10 times by means of the same method as the list of crimes in the attached Table.”

[Ground of recognition] Facts without dispute, entry of Gap evidence 2 and 3 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. According to the facts found in the judgment on the claim for damages caused by joint tort against the Defendants, the Defendants committed a tort causing damages equivalent to the amount of the damages to the Plaintiff by falsely preparing a work log as if they worked for employees who did not work in fact, claiming labor expenses, making the Plaintiff excessive payment of labor expenses of KRW 14,448,030, and causing the Plaintiff to do so. As such, the Defendants jointly and severally liable for compensation for the Plaintiff’s damages.

Therefore, the Defendants jointly filed a complaint in this case from June 16, 2014, which is the date of the final illegal act sought by the Plaintiff, to the Plaintiff.