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(영문) 인천지방법원 2014.10.28 2014가단27578
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. From August 201 to March 2013, the Plaintiff: (a) placed human resources at the site of the Kudong Construction Co., Ltd. subcontracted by the Defendant from the Kudong Construction Co., Ltd. (hereinafter “instant construction”); and (b) performed the work of dismantling and arranging underground floor molds, Dong Ri, etc.

B. The Defendant written a written subcontract agreement (No. B. 1-2) between the Plaintiff and the Plaintiff to dissolve the mold of the above underground floor with the contract amount of KRW 75,520,40 (i.e., 1,200 square meters x 63,767 square meters x 114,780,60 won (i.e., 1,700 square meters x 63,767 square meters) (i.e., 1,700 square meters x 100 square meters x 100 square meters x 63,767 square meters) (i.e., 1-2).

C. On November 13, 2013, the Plaintiff prepared a “written confirmation of wage settlement (Evidence No. 2)” indicating the total amount of wages of KRW 477,777,00,00, 85,000, 6200, and 429,9,600,000, which are received from the Defendant, by multiplying the number of human resources posted in the decommissioning and rearrangement work (propad 1,497, 3,37) by the unit wage price (propad 125,00, 85,000, 85,000) and affixed a seal thereon from the Defendant Company D.

[Reasons for Recognition] Unsatisfy, Gap evidence 2, Eul evidence 1 (including virtual number), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff supplied the manpower at the construction site of this case at the Defendant’s request, and the Defendant did not pay the Plaintiff’s wages properly, and the Plaintiff paid the Plaintiff’s wages instead, and the Plaintiff paid KRW 6.2 million to the Plaintiff, who suffered an accident at the construction site of this case, under the name of hospital expenses and agreement.

The defendant is obligated to pay the plaintiff the total amount of 47,010,400 won, including wages and agreed amounts that the plaintiff had not paid on behalf of the defendant, and the delay damages therefor.

B. The defendant's assertion that the defendant entered into a subcontract with the plaintiff on dissolution, dissolution, and rearrangement, and the 1,200 won, reorganization, 1,800 won, and ground floor per square meter for the calculation standard of progress payment as stipulated in the contract.

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