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Defendant B Co., Ltd. shall pay 48,35,00 won to the Plaintiff and 12% per annum from July 15, 2020 to the day of complete payment.
Reasons
1. As to the claim against Defendant B Co., Ltd. (hereinafter “Defendant Company”).
(a)as shown in the grounds for the change in the attachment of the claim;
(b) Articles 208(3)2 and 150(3) and (1) of the Civil Procedure Act of the judgment based on the recommendation of confession;
2. As to the claim against the defendant C
A. The gist of the Plaintiff’s assertion was that the Defendant Company entered into an agreement with the Plaintiff that the Plaintiff would pay the amount of the above wage to the Plaintiff, if the Plaintiff prepaid the daily workers employed at the work site of the Defendant Company instead of the Defendant Company, the construction executor, and thereafter, the Defendant Company would pay the amount equivalent to the above wage (hereinafter “instant agreement”).
According to the instant agreement, the Plaintiff paid KRW 32,415,00 in total wage to the daily workers who provided labor to the construction of a newly built multi-household house located in Geumcheon-si D (hereinafter “instant 2”) and multi-household house located in Geumcheon-gu Seoul Metropolitan Government (hereinafter “instant 2”). ③ Payment of KRW 1,360,000 to the daily workers who provided labor to the new construction of a multi-household house located in Seoul F (hereinafter “instant 3 construction”) and ④ Payment of KRW 14,580,00 to the daily workers who provided labor to the new construction of a multi-household house located in Geumcheon-si (hereinafter “instant 4 construction”). The Defendant Company paid KRW 48,35,00 in total wage to the Plaintiff. The Defendant Company is obligated to pay KRW 32,415,000 in total wage to the daily workers who provided labor (hereinafter “the instant 3 construction”).
In addition, Defendant C entered into an agreement with the Plaintiff on April 11, 2019 to jointly and severally guarantee the obligation under the instant agreement with the Defendant Company. As such, Defendant C, jointly and severally with the Defendant Company, is liable to pay the Plaintiff KRW 48,35,00 in an amount equivalent to each of the above wages for each of the instant construction works, respectively.
(b) Determination 1) Gap evidence 1, 2, and 3 (including virtual numbers).