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(영문) 서울남부지방법원 2019.04.18 2018나2542
노임
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. Facts of recognition;

A. On June 1, 2016, the Defendants drafted a construction contract agreement between D and D, stating the construction cost of KRW 300 million and the construction period from June 7, 2016 to October 30, 2016, with respect to the new construction of Kim Jong-si Housing (hereinafter “instant housing”) (hereinafter “instant construction”).

(hereinafter “instant construction contract”). B.

The Plaintiff intended to receive wages of KRW 200,000 per day from October 2016 to January 2017, the Plaintiff performed the interior interior interior interior interior interior interior decoration construction at the construction site of this case from October 2016 to January 2017.

C. D failed to complete the instant construction by October 30, 2016, and around November 2016, D demanded the Defendants to pay KRW 380,000,000,000, adding the amount of additional construction cost to KRW 80 million.

From May 24, 2016 to January 23, 2017, Defendants remitted total of KRW 380,1200,000 to D with respect to the instant construction project, and directly charged KRW 2.5 million with the face value on December 19, 2016.

E. Around January 2017, D found the Defendants and expressed his intent to no longer proceed with the instant construction contract. At that time, the Defendants terminated the instant construction contract and completed the instant construction project by awarding contracts to another construction business entity.

[Ground of recognition] Evidence Nos. 3, Eul evidence Nos. 1, Eul evidence Nos. 2-1, 2, Eul evidence Nos. 3-1, 2, Eul evidence Nos. 4, Eul's partial testimony of witness D and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The instant construction contract is a construction agreement under which the Defendants, the owner of the building, directly employ the seal and pay the material cost, etc., and thus, the Defendants are obligated to pay the Plaintiff the total amount of wages that the Plaintiff did not work and receive at the construction site of this case, and delay damages therefrom. (2) The instant construction contract of this case is a contract for the Defendants to contract the instant construction to D, and thus, there is no obligation to pay the Plaintiff wage.

(b).

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