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(영문) 창원지방법원 2020.02.07 2019나2746
노임등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. A. Around October 4, 2018, the Defendant, a company running a construction business, etc., with the Plaintiff via Audit C, agreed that the Plaintiff shall conduct on-site management and supervision of the Civil Works Corporation for the new construction of D ground housing (hereinafter “instant construction”) in Syang-si, and the Defendant shall pay the Plaintiff a daily wage of KRW 150,000 (hereinafter “instant agreement”).

B. In accordance with the instant agreement, the Plaintiff performed the instant construction site management work for up to 28 days from November 2, 2018 to December 18, 2018, and the said construction was completed around that time, but the Defendant did not pay KRW 4,200,000 (i.e., daily wage of KRW 150,000 x 28 days).

C. The Plaintiff paid KRW 2,370,000 on behalf of the Defendant for the food expenses of workers, such as the Plaintiff’s Ministry of Construction and Transportation. On November 10, 2018, the Defendant remitted KRW 2,000,000 out of the above money to the Plaintiff on November 10, 2018, and the remainder KRW 370,000 was not paid.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2 through 5 (including each number; hereinafter the same shall apply) and the purport of whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the unpaid wage of KRW 4,200,000 and the total of KRW 370,000,00,000 and delay damages therefor.

B. The Defendant asserts that the Defendant did not have the obligation to pay the instant wage and food expenses to the Plaintiff, since the Defendant’s judgment as to the Defendant’s argument is not the Defendant E.

In relation to the determination of a contracting party, if the intentions of both parties agree, the parties to the contract shall be determined according to the same intentions, and if the intentions of both parties fail to coincide, the parties shall be determined by whom a reasonable person will understand as the contracting party, on the basis of the specific circumstances before and after the conclusion of the contract, such as the nature, contents, purpose, and circumstances of the contract.

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