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(영문) 대전지방법원 2019.04.17 2018나12313
임금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. On February 18, 2016, D entered into a construction contract with the Defendant under construction business, etc., under the name of “E”, for the new construction of detached houses F in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, and the Defendant had the construction business entity C perform the said construction work.

B. The Plaintiff agreed to provide consolation services for KRW 200,000 per day at the construction site of C and the construction site. From March 4, 2016 to April 8, 2016, the Plaintiff provided labor for 28.5 days (the day on which a half of the daily amount is paid in light of the working hours is 0.5 days) among the period from March 4, 2016 to April 8, 2016, but the Plaintiff suspended construction due to the Plaintiff’s failure

C. On April 12, 2016, the Plaintiff, the Defendant, C, and D et al. gathered in the Defendant’s office, and C drafted a letter of payment of labor cost (Evidence A 2; hereinafter “instant letter”) with the following content, and the Defendant and D signed it respectively.

The Gacheon-gun's Gri seems to be an error in the Hri.

The payment of personnel expenses incurred at the F shall be made not later than April 30.

Date from March 4, 2016 to April 8, 2016: C (resident registration number and address omitted) B (resident registration number and address omitted) owner D

D. After the commencement of construction, the Plaintiff provided labor for 16.5 days during April 2016, 2016, 24 days during May 2016, 2016, and 3 days during July 2016 (2 days during which one side was replaced by one side), and 9.5 million won (=200,000 won x 47.5 days) during which the Plaintiff directly paid to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, Eul evidence Nos. 1, 2, and 5, the purport of the whole pleadings

2. Determination

A. The following circumstances recognized based on the facts recognized as above and the purport of the entire pleadings, namely, the defendant stated his name and personal information in each letter of this case and signed it. The defendant does not have any special reason to sign the letter if he does not intend to bear any obligation under the above letter of this case.

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