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(영문) 서울동부지방법원 2015.03.25 2013가단122270
임금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. A. On May 1, 2012, Defendant Dae-gu Co., Ltd. (hereinafter “Defendant Dae-gu Co., Ltd”) contracted the construction of a new urban-type residential house from Dongdaemun-gu Seoul Dongdaemun-gu Seoul Dongdaemun-gu Co., Ltd. (hereinafter “Defendant Dae-gu Co., Ltd”) subcontracted the parts of the temporary and reinforced concrete construction among the aforementioned new construction works to Defendant B. Defendant B re-subcontracted the part of the construction frame among the above construction works to the Plaintiff on May 14, 2012 (hereinafter “instant construction contract”); and the main contents of the instant construction contract are as follows.

1. Construction name: Construction of reinforced concrete among the construction of urban-type residential housing;

3. Types of construction: Formic construction among structural works.

4. Period: From May 14, 2012 to June 30, 2013;

5. Contract amount: Additional payment of KRW 10,000,000 as the price for steel materials (excluding surtax).

8. 3 In any event, there is no contractual unit price increase. ... 4) At the time of processing official duties, the plaintiff shall be fully liable for civil and criminal responsibilities, treatment costs, and all the expenses agreed upon.

13. The last day of the following month shall be paid at the end of the end of the following month, and the Plaintiff shall pay the personnel expenses immediately after the receipt of the construction expenses from the Defendant B, and submit documentary evidence to the Defendant B, and if it is determined that the food, equipment, and material cost would be reduced from the Plaintiff’s construction cost and that the Defendant B would be likely to pay the wages directly.

B. On August 9, 2013, Korea LAW Co., Ltd. obtained approval for the use of the above urban-type residential housing from the competent authority.

【In the absence of dispute over the grounds for recognition, Gap evidence 1, Eul evidence 1, Eul evidence 1, Eul evidence 1, Eul, Eul evidence 1, 2, 9, 14, the purport of the whole pleadings

2. Judgment on the plaintiff's primary argument

A. In the course of the Plaintiff’s execution of the instant construction project, the wage for the parts of the Plaintiff and the price for steel materials were required more than the originally scheduled amount.

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