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(영문) 서울남부지방법원 2019.11.01 2017나61551
임금 등 청구의 소
Text

1. The plaintiff A's appeal and the claim that the court changed in exchange are all dismissed.

2. The judgment of the court of first instance is in the process of judgment.

Reasons

1. Basic facts

A. Around August 2014, the Defendant entered into a contract for the construction of the Plaintiff and the Gangnam-gu Seoul E-ground Building (hereinafter “instant building”) (hereinafter “instant construction”) with respect to the construction cost of KRW 500,000,000 (excluding value-added tax of KRW 50,00,000), August 29, 2014, and the end of February 2015 as of completion.

(hereinafter “instant contract”). (b)

On January 14, 2015, the Defendant decided to amend the instant contract to Plaintiff A and B’s proposal, and the Defendant paid the said Plaintiffs KRW 5,000,000 each month from January 12, 2015 to April 15, 2015, and the said Plaintiffs concluded again a contract to perform the instant construction with materials, equipment, etc. provided by the Defendant (hereinafter “instant modified contract”).

The main contents of the above contract shall be as follows:

-Labor contract - In constructing a trade name building at the seat of Gangnam-gu Seoul, Seoul E, it is intended to proceed by employment contract method.

Article 2 In constructing a mutual building at the seat of Gangnam-gu Seoul Metropolitan Government E, the Defendant is obligated to work for the Plaintiff A and B overall progress of the construction work, and the said Plaintiffs are obligated to proceed so far until the completion of construction is completed.

Article 4 The defendant is obligated to pay KRW 10,000,000 per month to the above plaintiffs in return for providing labor necessary for the above building management.

Article 8

1. The plaintiff A and B shall proceed without fail for completion and shall make every effort to observe the last last last end even after completion and shall inform the defendant of any special reason.

2. The above plaintiffs shall, when they fail to pass a completion inspection under paragraph (1), repair or remodel them without delay and undergo a new inspection.

3. When completing the construction work, the above plaintiffs shall immediately remove and remove all the construction facilities, surplus materials, waste materials, and temporary facilities from the construction site.

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