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(영문) 수원지방법원 2017.03.23 2016나56264
임금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 10, 2014, the Defendant entered into a contract for construction of a new house (hereinafter referred to as “instant housing construction contract”) with E with respect to two parcels, including Spocheon-si D for the construction cost of KRW 175,00,000, and for the construction period of April 15, 2014 through July 30, 2014 (hereinafter referred to as “construction works, such as the instant bridge”), with the construction cost of KRW 37,80,000, and for the construction period of KRW 37,80,000, and for the construction period from May 12, 2014 to June 12, 2014 (hereinafter referred to as “each of the instant construction works”).

B. On May 30, 2014, the Plaintiff agreed with the Defendant to take charge of the management of each construction site of this case.

C. The instant bridge Corporation terminated on November 26, 2014, and completed the registration of initial ownership on February 9, 2015 with approval for use on February 2, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 2 and 4, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion is to receive KRW 5,00,000 per month from the Defendant and served as a manager at each of the construction sites of this case. The Plaintiff worked as the manager at each of the construction sites of this case for seven months from May 30, 2014 to December 29, 2014. As such, the Defendant is obligated to pay the Plaintiff wages of KRW 35,00,000 (=5,000,000 x 7 months) during the said period, and damages for delay.

B. The reasoning of the judgment is insufficient to acknowledge that the Plaintiff agreed to receive KRW 5,00,000 per month in return for the Defendant’s work as the manager at each construction site of this case, and the witness C’s testimony is that the witness C went to each construction site of this case, which is an elementary school, and that the Defendant stated to the Plaintiff that “I will easily request the work, and 500,000,000,000,000,000 won.”

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