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(영문) 서울중앙지방법원 2014.06.19 2014가합1961
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 62 million to the Defendant (Counterclaim Plaintiff) and its related amount from November 27, 2013 to June 19, 2014.

Reasons

1. On April 2010, the Defendant was awarded a contract for the two sections for electrical construction of the Incheon Apartment Construction Co., Ltd. (hereinafter referred to as “Seoul Apartment Construction”) from the contract price of KRW 2,573,636,36,363 of the Incheon Apartment Construction Co., Ltd. (hereinafter referred to as “instant construction”).

On April 27, 2010, the Plaintiff was awarded a subcontract by the Defendant with a contract amount of KRW 620 million, and with a contract bond of KRW 62 million from April 27, 201 to November 30, 201, with a contract bond of KRW 62 million (10% of the contract amount) from April 27, 201.

(hereinafter referred to as the “instant subcontract”). The Plaintiff re-subcontracted part of them to D.

On March 17, 2011, under employment by the plaintiff or D around March 17, 2011, wages were overdue for workers employed by the plaintiff or D.

Around that time, the Plaintiff did not properly proceed with the instant construction on the ground that the workers discontinued work, etc.

On March 24, 2011, E, Defendant Representative F, Plaintiff, D, etc. opened a meeting (hereinafter referred to as “instant meeting”) to resolve workers’ delayed payment of wages, and drafted the following minutes:

(E) On March 25, 2011, the Defendant paid KRW 30 million to D as stated in the minutes.

1. Whether a case concerning the payment of wages for 2 or March can continue to work on the site of a scheduled payment for the monthly personnel expenses for 2 months (excluding daily workers G) (F) ;

2. Resolution Method: D 1,000 won out of the 1,000 won out of the 1,000 won of the 1,000 won of the 1,000 won of the 1,00 won of the 2-month salary, including the 1,000 won of the 1,000 won of the 1,000 won of the 1,000 won of the 2-month salary (the condition that the 3-month salary is paid).

3. The standards for the submission of monthly personnel expenses, the date of printing and printing, and the unit price shall be based on the unit price paid;

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