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(영문) 서울남부지방법원 2016.06.10 2015나3469
임금
Text

1. Revocation of a judgment of the first instance;

2. All plaintiffs' claims are dismissed.

3. The plaintiffs' total costs of litigation.

Reasons

Facts of recognition

A. On September 1, 2011, the Sejong Mine Comprehensive Development Co., Ltd. (hereinafter “Sacheon Comprehensive Development”) concluded a subcontract construction agreement with the Defendant, setting the construction period of reinforced concrete construction works from September 2, 201 to January 31, 201, regarding which the Defendant received a contract from the Seocheon-gu Seoul Metropolitan Government Down-dong 181-42, Dobong-gu, Seoul, which was contracted by the Defendant, as the construction period for reinforced concrete construction works (excluding value-added tax).

Since September 2, 2011, from April 30, 201 to April 30, 2012, the above subcontract construction contract was changed into KRW 550,000 (excluding value-added tax).

(hereinafter referred to as the “instant construction work” and the “construction cost of the instant construction work”). B

The Plaintiffs from January 25, 2012 to the same year.

5. up to December, 12, persons entering into a labor contract with the comprehensive mining development and providing labor at the site of the instant construction work.

C. The three comprehensive mining development failed to pay wages to the plaintiffs, and the details are as follows.

The unpaid wage of Plaintiffs A, B, D, F, and G 130,00 won for May 2012, 2012, Plaintiff A325,000 won, Plaintiff B,50,000 won, Plaintiff C585,000 won, Plaintiff D195,000 won, and Plaintiff E 390,000 won.

D. The three comprehensive mining development filed a lawsuit against the Defendant seeking payment of the unpaid construction price of the instant case.

The court of the first instance ruled that the Defendant shall pay the construction cost of KRW 21,076,283 and the delay damages for such payment (Seoul Central District Court Decision 2013Gahap30474, 2013Gahap54874 (Counterclaim) decided February 12, 2014), but the appellate court ruled that the Defendant shall pay the unpaid construction cost of KRW 50,960,972 and the delay damages for such payment at KRW 29,84,689, and the delay damages for such payments.

Seoul High Court Decision 2014Na2007894, 2014Na20790 (Counterclaim) decided November 26, 2014). The final appeal was dismissed on March 10, 2015.

[Ground of recognition] A.

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