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1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.
Reasons
1. Determination on the cause of the claim
A. The Plaintiff’s assertion that the Plaintiff provided labor at the Defendant’s construction site from September 14, 2004 to October 17, 2004, and that amounted to KRW 2,025,00,000, totaling KRW 5,550,000, and KRW 3,550,000, the Defendant is obligated to pay the Plaintiff the above KRW 5,550,00.
B. In full view of the purport of the Plaintiff’s evidence No. 2 and the entire arguments, the fact that the Defendant’s unpaid wage was confirmed as 3,525,000 for the period asserted by the Plaintiff on September 2, 2005 can be acknowledged as a result of the investigation conducted by the Suwon Regional Labor Office based on the Plaintiff’s petition.
However, it is not sufficient to recognize that the entries in Gap evidence 1 and 3 alone have incurred the defendant the liability to pay the construction section rent of KRW 2,025,000, in addition to the above KRW 3,525,000, and there is no other evidence to prove otherwise.
Therefore, the defendant is obligated to pay to the plaintiff 3,525,00 won and damages for delay calculated at the rate of 5% per annum under the Civil Act from December 24, 2005 to February 3, 2017, which is the date of this decision, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment, as the plaintiff seeks.
2. The defendant's argument that the defendant paid KRW 1,850,000 out of the above 3,525,000 won to the plaintiff. Thus, according to the evidence Nos. 1, the defendant can be found to have paid KRW 1,00,00 to the plaintiff on Nov. 5, 2004, but the remaining KRW 850,000 cannot be deemed to have been paid to the plaintiff to the plaintiff who was not the plaintiff. The above KRW 1,00,000 paid to the plaintiff was already paid to the plaintiff at the Suwon District Labor Office which confirmed the defendant's unpaid wage at the above 1,00,000 won paid to the plaintiff and was already reflected in the calculation of the above unpaid wage.