(영문) 수원지방법원성남지원 2016.04.01 2015가단25739

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(영문) 수원지방법원성남지원 2016.04.01 2015가단25739

임금

Text

1. The Defendant shall pay to the Plaintiff KRW 35,00,000 and the interest rate of KRW 15% per annum from August 19, 2015 to the day of complete payment.

Reasons

1. The facts subsequent to the facts of recognition do not conflict between the parties, or can be acknowledged by comprehensively considering the whole purport of the pleadings in Gap evidence Nos. 1 to 11 (including the number of branch numbers; hereinafter the same shall apply), Eul evidence Nos. 2 and 4, and the testimony of Gap witness C, and the statements Nos. 1 and 3 are insufficient to reverse this recognition.

Around April 10, 2014, the Defendant concluded a contract for housing construction works (the construction cost of KRW 37,800,000, and the construction period of KRW 175,000,000 for E and the construction cost of KRW 175,00,00 for construction period from April 15, 2014 to July 30, 2014).

B. Around May 30, 2014, the Defendant agreed to pay the Plaintiff KRW 5,00,000 per month (including expenses) to the Plaintiff for management at the said construction site on behalf of the Defendant, and accordingly, the Plaintiff served as the manager at the said construction site for seven months from May 30, 2014 to December 29, 2014.

C. The construction was terminated around November 26, 2014 due to the delay of the construction due to the Defendant’s creditors’ possession of the construction site with heavy equipment or payment of the construction cost. The building following the construction of the said house was approved on February 2, 2015, and the registration of ownership was completed on February 9, 2014.

2. In light of the above facts acknowledged, the Defendant is obligated to pay the Plaintiff the unpaid wages of KRW 35,00,000 (=3,000,000 x seven months x seven months) and the damages for delay at the rate of 15% per annum prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from August 19, 2015 to the date of full payment, which is apparent in the record that it is the day following the delivery of a copy of the complaint of this case.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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