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1. The Defendant’s KRW 32,206,870 as well as 5% per annum from January 17, 2017 to January 9, 2018, and the next day.
Reasons
1. Chief;
A. The Plaintiff, a construction site, performed steel bars and teams, and performed steel bars and teams from March 2016 to January 2017, at the construction site for the apartment C apartment located in Sejong City.
B. Nonparty D Co., Ltd. (hereinafter “Non-Party D”) awarded a sub-subcontract to the Defendant of the steel works out of the steel construction works (hereinafter “the instant construction works”) while entering into a subcontract for the steel structure among the above construction works.
C. The Plaintiff entered into a labor contract on behalf of the Defendant on behalf of the franchisors, and the construction of steel bars was carried out at the construction site of this case.
However, from November 2016 to January 201, 2017, the Defendant did not pay 36,206,870 won out of 113,374,00 won of labor cost for steel work performed by the Plaintiff and the same iron bars.
2. On the basis of the statement No. 7 and No. 1 and the statement No. 1 and No. 11 (including the serial number), which acknowledged that the Defendant himself had the obligation to pay the labor cost to the Plaintiff, the Defendant took part in the instant construction work in the relationship with the president of the non-party company E, and performed the work by entrusting three of the construction sites of the non-party company to the non-party company. He was a witness F’s testimony employed by the Defendant and managing the construction site of this case, and the non-party company deposited the construction cost in a lump sum to the Defendant during most of the construction site of this case, and the circumstances that the Plaintiff again paid the labor cost to the Plaintiff, etc., revealing the fact that the Defendant concluded a labor contract with the Plaintiff.
Meanwhile, according to the above F’s testimony that the evidence No. 3 (including paper numbers) was written upon the Defendant’s request, the Defendant did not pay 36,206,870 won to the Plaintiff out of the labor cost of 113,374,00 won from November 1, 2016 to January 2017.
Therefore, the defendant on January 17, 2017, which was after the plaintiff provided labor to the plaintiff.