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(영문) 대구지방법원영덕지원 2017.11.21 2016가단4940
손해배상(기)
Text

1. Defendant volatile Development Co., Ltd. shall pay KRW 6,600,000 to the Plaintiff and the date of full payment with regard thereto from September 6, 2017.

Reasons

1. Basic facts

A. Defendant Fungsung Development Co., Ltd. (hereinafter “Vungsung Development”) is a construction company that performs emergency restoration work (hereinafter “instant bridge”) located in Seoul, Ulsan-gun, Ulsan-gun (hereinafter “instant bridge”), and Defendant B is a worker at the construction site of this case.

B. On September 27, 2016, Defendant volatile Development: (a) excavated a hole into a retaining wall at the construction site of this case; and (b) buried the hole in the hole (hereinafter “instant work”).

The Plaintiff, a person operating the cream business with the trade name of “E”, operated the cream and operated the cream to drive the cream, and the Defendant B operated the cream bed, thereby manipulating the cryp to the retaining wall, thereby drilling the cryp to the retaining wall.

C. During the instant work, the front part of the steering knife’s front part of the said knife’s steering knife was shocked, and the front part of the knife was damaged.

(hereinafter “instant accident”). D.

Meanwhile, at the construction site of this case, the Plaintiff worked from September 10, 2016 to September 24, 2016, and was not paid 6.6 million won (including value-added tax) out of its remuneration from Defendant volatile Development.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 10, 11, Eul evidence 1 and 2, Eul evidence 1 and 2 (including branch numbers), the witness F's testimony and the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the claim for payment of remuneration, Defendant volatile Development is obligated to pay the Plaintiff the unpaid remuneration of KRW 6.6 million and the amount of delay damages calculated at the rate of 15% per annum from September 6, 2017 to the date of full payment, which is the following day after the copy of the claim and the application for modification of the cause of the claim in this case was served on the Plaintiff.

B. The summary of the Plaintiff’s claim 1 as to the claim for damages is as follows. Defendant B who manipulates the dryle.

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