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(영문) 수원지방법원 2020.11.19 2019나79541
용역비
Text

1. Defendant B’s portion of the judgment of the court of first instance against Defendant B, which exceeds the amount ordered by the following:

Reasons

1. The following facts may be acknowledged in full view of the following facts: (a) there is no dispute between the parties; (b) evidence Nos. 2, 3, and 1; and (c) the testimony of the party concerned witness D; and (c) the purport of the whole pleadings.

On August 18, 2017, F Co., Ltd. (hereinafter referred to as “F”) awarded a contract for construction of officetels in Gangnam-si E (hereinafter referred to as “F”) set the price of the heating, sanitation, ventilation, and fire-fighting installation (hereinafter referred to as “instant installation”) as KRW 200 million (excluding value-added tax, and the construction price after the change is KRW 230 million) and the construction period as of December 21, 2017.

B. Since then, the instant facility project was subcontracted in sequence from G to D and the Defendant. At the Defendant’s request, the Plaintiff was in charge of fire-fighting facility works in the instant facility project (hereinafter “instant fire-fighting facility”). The Defendant paid to the Plaintiff KRW 52,50,000,000,000 as the construction price, including KRW 30,000 on November 16, 2017, KRW 21,000 on December 21, 2017, and KRW 52,50,000,000,000 on December 22, 2017.

2. Determination as to the claim against the defendant B

A. The Plaintiff asserted that Defendant B, upon receiving oral promise from Defendant B that “I would pay wages to the human father upon completion of the instant fire-fighting construction work,” the Plaintiff recruited the human father and did not receive KRW 1,936,00 as wages for the period from September 20, 2017 to March 3, 2017, but did not receive KRW 1,936,00 corresponding to the monthly wage, and sought payment of unpaid wages against Defendant B.

As to this, Defendant B subcontracted the instant fire-fighting construction work to the Plaintiff in the amount of KRW 60 million. Of the construction cost, Defendant B already paid KRW 52.5 million and claimed that the unpaid amount was KRW 7.5 million.

B. As alleged by the Plaintiff, as to the cause of the claim, whether Defendant B agreed to pay the wages to the persons employed by the Plaintiff in relation to the instant fire-fighting construction work, the descriptions of the health department, Gap 5, and 6 are alone.

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