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1. The Defendant: (a) KRW 110,249,255 to the Plaintiff; and (b) 5% per annum from November 30, 2014 to December 19, 2014 to the Plaintiff.
Reasons
1. Basic facts
A. (1) On September 201, 201, the Plaintiff re-subcontracted the part of the molding construction (hereinafter “instant construction”) during the re-subcontracted from C (hereinafter “C”), which was subcontracted to “Facheon-si Military Installations C” from the gold Industry Co., Ltd. (hereinafter “Facheon-si”) to “Facheon-si Military Installations C” (hereinafter “C”), and performed the instant construction with its team members.
(2) On October 8, 2011, the Plaintiff prepared in writing a performance-based performance contract with C to receive the construction cost according to the work volume (i.e., work volume) with respect to the instant construction work.
(3) From November 201, the Plaintiff requested C to directly employ its team members. Accordingly, C entered into a verbal agreement between the Plaintiff and its team members on November 25, 201 to settle the construction cost by calculating a daily wage.
(4) As above, C did not pay to the Plaintiff the total amount of KRW 95,95,780 (i.e., KRW 85,147,270 on December 201, 201) out of the construction cost calculated by the daily method as above (i.e., KRW 10,847,510 on January 1, 201). Accordingly, on February 21, 2012, the Plaintiff was issued a provisional attachment order on the amount of KRW 95,95,780 on the claim for the construction cost under the Seoul East Eastern District Court Decision 2012Kadan109 on February 21, 2012, with the claim for the construction cost as the claim for the said construction cost, which C had against the gold industry
(5) On January 7, 2013, the Plaintiff filed a lawsuit with the Seoul Eastern District Court 2012Da19377, asserting that the payment of the said construction cost constitutes actual personnel expenses, and that “C shall pay to the Plaintiff construction cost or personnel expenses of KRW 95,995,70, and damages for delay calculated at the rate of 20% per annum from April 21, 2012 to the date of full payment.”
(6) The Plaintiff on January 18, 2013.