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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Where there is no dispute between the parties to the determination on the cause of the claim, or comprehensively taking account of the overall purport of the pleadings, the Defendant agreed to pay the Plaintiff KRW 250,000 as daily wage for the new construction of single-story C ground (hereinafter “instant construction”) around April 12, 2017, and requested the instant construction work. The Plaintiff suspended the instant construction work for 33-day period from April 12, 2017 to May 15, 2017, and the Plaintiff suspended the construction work. The Defendant received only KRW 5,00,000 per day (=250,000 per day x 20 days) from the Defendant, respectively.
According to the above facts, the Plaintiff was awarded a contract with the Defendant for the instant construction project, and was not paid a half of 13 days after executing the instant construction project during the period of 33 days, and thus, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the unpaid wage of KRW 3,375,00 (=250,000 per day x 13.5 days) and the interest calculated at the rate of 15% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from September 29, 2017 to the date of full payment.
2. The defendant's argument as to the defendant's assertion argues that since the defendant agreed to pay wages on the premise of the plaintiff's execution of liability, even if it does not meet the horizontal defect and standard of the room floor, and as a result, damage exceeding the above accrued wages due to defective construction such as defective construction in construction failure, etc., it cannot respond to the plaintiff's claim of this case.
In full view of the facts alleged in this Court and the purport of the entire pleadings, the defendant filed a separate lawsuit against the plaintiff for damages due to defects occurring during the construction of this case and received some favorable judgment (Tgu District Court 2017Kadan16952). The plaintiff filed an appeal against the above judgment, but the judgment of the court of first instance is rendered (Tgu District Court 2018Na77555).