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(영문) 전주지방법원 2016.06.28 2014가단5366
임금
Text

1. Dismissal of the part of the claim based on the subrogation right of the obligee among the lawsuits in this case

2. The plaintiffs' remaining claims.

Reasons

1. Basic facts

A. On September 26, 2011, the Defendant entered into a contract for construction works with I with regard to the “New K” on the ground of the Southern-si J (hereinafter “instant construction”) from September 27, 201 to November 10, 201, setting the construction period of KRW 235 million from September 27, 201 to November 10, 201; and I completed the said construction works under the said contract.

B. On December 22, 2011, the Defendant completed registration of preservation of ownership in the name of the Defendant for the new building at the J-si, Namwon-si (hereinafter “instant building”).

C. In addition, the Defendant entered into an additional construction agreement with I as to the floor, concrete, and tasp, etc. of the instant building by setting the additional construction cost of KRW 45 million. On January 20, 2012, when the additional construction was underway, the Plaintiffs alleged that I died on February 19, 2012. However, according to the evidence No. 3, I appears to have died on January 20, 2012. Thus, according to this, I appears to have died on January 20, 2012.

A. D.

L is the actual owner of the building of this case as the husband of the defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 1, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiffs' assertion 1) The actual owner of the building of this case, which is the owner of the building of this case under the defendant's promise of payment of wages, had almost permanently resided at the construction site at the time of the construction of this case and made specific work instructions to the plaintiffs. Since L in the above position stated that not only immediately before the death of L I but also during the funeral procedure following death, the payment of wages due to unpaid construction costs, the defendant is obligated to pay wages to the plaintiffs in accordance with the above agreement. 2) The defendant did not receive construction costs equivalent to KRW 150 million from the defendant. The defendant is insolvent, and the defendant is the creditor of I as the creditor of I.

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