logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2019.01.10 2018나57602
노무비등
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The Plaintiff is a person operating construction machinery rental business under the trade name of “M,” and the Defendant is a corporation operating solar power generation business, etc.

B. From May 2014 to October 2014, the Plaintiff supplied human resources, materials, etc. to the construction site of solar power plants in the eight location where the Defendant was proceeding (hereinafter “instant construction site”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 6 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff asserted that the Plaintiff supplied a total amount of KRW 51,469,300 to the instant construction site, materials, and foodstuffs, etc., but only received KRW 4,070,000 from the Defendant as the labor cost for the first power plant and KRW 5,310,000 from the Defendant on June 25, 2014.

Therefore, the Defendant is obligated to pay to the Plaintiff 42,089,300 won (=51,469,300 won - 4,070,000 won - 5,310,000 won) and damages for delay.

(B) Even if the Defendant paid 17,425,00 won to the Plaintiff as labor cost, the Defendant is obligated to pay the remainder of 24,664,300 won to the Plaintiff.

Judgment

In other words, the following circumstances revealed by the Defendant’s overall purport of the statements and arguments in Eul’s evidence Nos. 1 through 5, namely, that the Defendant paid the Plaintiff a total of KRW 84,741,500 from April 25, 2014 to April 20, 2015. Accordingly, labor costs, etc. claimed in this case are labor costs, food costs, and material costs of the trees invested in the construction site of this case, and the remainder of KRW 67,316,50 excluding the total of KRW 17,425,00 paid to the Plaintiff by the Defendant for heavy labor costs of KRW 84,741,50, which were paid by the Defendant to the Plaintiff.

arrow