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(영문) 의정부지방법원 2019.02.14 2018나4544
일용노무비
Text

1. The judgment of the first instance court, including the part modified by this court, shall be modified as follows:

The defendant.

Reasons

1. The Korea Water Resources Corporation ordered the I Development Corporation (hereinafter “instant Corporation”) to H Co., Ltd. (hereinafter “H”).

The Plaintiff (Appointed Party) and the designated parties (hereinafter “Plaintiffs”) provided labor to the instant construction, and the Defendant is a company that contracted water supply and sewerage construction works among the instant construction works with H.

[Ground of recognition] The facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence, witness J and K's testimony, the purport of the whole pleadings

2. The gist of the parties’ assertion was that the Defendants provided labor at the construction site of the Defendant, and thus, the Defendants sought payment of labor costs in August and September 2017, which were not paid by the Defendants.

On the other hand, the Defendant paid all labor costs to be paid by July 2017. The Plaintiffs asserted that there is no money to be paid to the Plaintiffs since the Defendant’s labor costs for construction excluded from the subcontract details, and C is about the subcontracted construction separately from H.

3. Determination

A. Comprehensively taking into account the following facts or circumstances, the Defendant’s obligation to pay the Defendant’s labor cost, Gap evidence Nos. 6, Eul evidence Nos. 1 and 2, and each of the testimony and arguments of the witness J and K as a whole, the Defendant is obligated to pay the Plaintiffs the labor cost and damages for delay thereof on August and September 2017.

① The construction period of the subcontracted contract submitted by the Defendant from H is from January 24, 2017 to September 29, 2017, and there is no other evidence that the Defendant’s construction period is determined by July 2017.

② A modified statement attached to the standard subcontract agreement of construction works submitted by the Defendant includes outstanding pipes, including the Manle items, etc. claimed by the Defendant as excluded from the details of the subcontract.

(3)

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