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(영문) 서울동부지방법원 2017.09.15 2016나26978
용역비
Text

1. According to the Plaintiff’s expansion of the purport of the claim in this court, the judgment of the first instance is modified as follows.

Reasons

Facts of recognition

Around March 2014, Defendant HA subcontracted C apartment re-design construction to Defendant B.

around that time, Defendant B re-subcontracted the 12-dong rooftop waterproof Construction Work to the Plaintiff.

(hereinafter “C Apartment Construction”). The Plaintiff completed the said construction from March 31, 2014 to August 2014.

Around May 2014, Defendant D-W subcontracted A-W apartment painting construction work to Defendant B.

Defendant B re-subcontracted the above apartment rooftop waterproof construction to the Plaintiff around that time.

(hereinafter “Yan apartment construction”). Around June 2014, the Plaintiff completed the said construction.

Defendant Ha Construction directly paid the part corresponding to the part of the Plaintiff’s subcontract price which constitutes the part of the human wage to the human father, and the remainder of the subcontract price restricting the human wage was paid to the Plaintiff.

Although the Plaintiff claimed for the wages of the Plaintiff and the Plaintiff on the construction of the Defendant HA, the Plaintiff did not receive the amount of KRW 11,835,000 (E wage 1,265,000, F wage 880,000) as wages of July 2014, 2014, the amount of KRW 1,420,00 as wages of August 2014, and the amount of KRW 2,145,00 as wages of Jun. 2, 2014 (E wage 1,265,000, and KRW 880,000 as F wage) from Defendant HA construction.

The Plaintiff directly paid the above wages that he did not receive from Defendant Hah Construction to his father.

[Reasons for Recognition] Facts without dispute, Gap 1 through 7 evidence, the plaintiff's assertion related to the purpose of the entire pleadings, and defendant Eul agreed to pay 5,000 won per square meter of waterproof construction site with the apartment subcontract price. The defendant Eul Construction agreed to pay the plaintiff's subcontract price directly to the defendant Eul.

The Plaintiff was paid KRW 36,328,665,00,00 for the size of waterproof construction work and KRW 50,370,00 for C Apartment subcontract (i.e., KRW 10,074 square meters x 5,000). The Plaintiff was paid KRW 36,328,665 as the subcontract price from Defendant D and B.

Therefore, Defendant B around the first place is the Plaintiff, with the construction of Defendant C and the ancillary construction.

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