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(영문) 서울남부지방법원 2016.10.14 2015가단56844
노임
Text

1. The Defendant: (a) 4,040,00 won to the Plaintiff (Appointed Party) and 3,804,000 won to the Appointed C; and (b) 2,941,000 won to the Appointed D.

Reasons

1. Basic facts

A. On June 12, 2015, the Defendant entered into a construction contract with J on the condition that it will contract the steel reinforced concrete frame construction of KRW 140,00,000 among the construction works of Kimpo-si Kimpo-si, Kimpo-si.

B. The J paid wages to the Plaintiff (the appointed party, the following, the Plaintiff’s “Plaintiff”) and the appointed party, and ordered the molding construction among the structural construction works.

The Plaintiff and the designated parties performed the molding construction work from August 5, 2015 to September 8, 2015.

[Ground of recognition] Unsatisfy, Gap evidence 16, Eul evidence 1, all the arguments

2. Assertion and determination

A. The Plaintiff’s assertion (1) and the designated parties asserted that the Defendant would pay their direct wages, and the molding construction work was conducted from August 5, 2015 to September 8, 2015.

Therefore, the defendant should pay the amount stated in each claim to the plaintiff and the selected person as wages.

(2) The Defendant’s assertion that the Defendant, on September 15, 2015, paid the wage directly to the Plaintiff and the designated parties on the condition that the Plaintiff was confirmed by J, but the conditions were not fulfilled due to the Plaintiff’s failure to obtain confirmation. Therefore, there is no obligation to pay the wage.

In addition, as the Defendant paid the construction cost to J on February 15, 2016, the Defendant has no obligation to pay wages to the Plaintiff and the designated parties.

B. (1) According to each of the statements and arguments set forth in Gap evidence 1 and Gap evidence 5, the defendant shall be liable for the wage generated from the molded wood hole on September 4, 2015, and shall be paid until September 15, 2015.

From August 5, 2015 to August 31, 2015, the amount of payment and payment terms, KRW 20,225,00,00 of the salary for the molded wood out of eight minutes, and KRW 20,225,00 of the salary for the roof mold work in the future, A, who is the head of the model leader, confirms the JW test and the amount of work for each work person, and transfers it to B, promises to take responsibility until September 15, 2015 and to make it directly to each individual.

provided that B commitments are undertaken.

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