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(영문) 광주지방법원 순천지원 2018.09.20 2017가단73218
손해배상(기)
Text

1. The Defendant’s KRW 50,387,366 as well as 6% per annum from May 13, 2017 to September 20, 2018 to the Plaintiff.

Reasons

1. Basic facts

A. On March 1, 2016, the Plaintiff, a stock company operating a construction business, etc., concluded an employment contract with the Defendant (hereinafter “instant employment contract”) with respect to the Gwangju apartment pipeline construction (hereinafter “third apartment pipeline construction”) and the Gwangju apartment gas pipeline construction (hereinafter “Second apartment pipeline construction”) in Ulsan-gun, Ulsan-gun, Ulsan-gun, Seoul-gun, with respect to the Korea Urban Gas pipeline construction (hereinafter “third apartment pipeline construction”) on the following terms (hereinafter “instant employment contract”).

Construction period: On March 18, 2016, the amount of the liability contract (including equipment, tools, human resources, miscellaneous materials, etc.): KRW 15,120,00, KRW 200, KRW 132,460,000, KRW 3: 93,015,000, and KRW 93,00: From the first day of each month to the last day of each month, Article 3 of the Special Terms and Conditions of Division: The Defendant bears the right to appoint and dismiss workers, the right to determine the amount of wages, the right to pay wages, the obligation to pay wages, etc.

In addition, it is liable to pay the wages of workers who use regardless of the origin, and the surplus shall be the profits of the defendant.

Article 4:Although the design drawing is not specified, the defendant shall construct facilities and construction necessary for the structure within the agreed amount, the right to adjust the working hours and the formulation and execution of the execution plan shall be executed as the defendant's exclusive right, and all expenses incurred at the site shall be borne by the defendant.

Article 9-5: Matters concerning reconstruction due to defective construction shall be implemented at the defendant's responsibility and expense, and if the plaintiff has vicariously performed it, the amount of reduction shall be adjusted by adjusting the amount of compensation, including compensation for the payment materials of the plaintiff.

B. According to the instant employment contract, the Defendant suspended construction work on March 2017 and went away from the site, while performing construction work as the site manager at each construction site of this case.

C. Meanwhile, the Defendant did not work at the construction site of this case by Aar E.

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