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1. The Defendant shall pay to the Plaintiff KRW 31,55,300 and interest rate of KRW 12% per annum from December 1, 2017 to the date of complete payment.
Reasons
1. Facts of recognition;
A. The Defendant entered into a labor contract with the Plaintiff and the Defendant on July 20, 2016 (hereinafter “D”).
(E) and E Co., Ltd. (hereinafter referred to as “E”), together with D and E “F”.
From September 2016, the Plaintiff supplied sewage to the G apartment construction work in Seosan City, and the unmanned telecom construction work in the same Dong from D. (2) On September 2016, the Plaintiff entered into a labor contract with the Defendant as the actual operator C by inserting the human body into each of the above construction sites with the Defendant, and entered into between the Defendant and the actual operator C, and completed the said construction work from September 24, 2016 to December 4, 2016 (hereinafter “instant construction”).
B. As to the settlement of construction cost, the Plaintiff spent 41,687,500 won for the instant construction work, and C paid 3,000,000 won out of the construction cost to the Plaintiff around October 2016. 2) As the Plaintiff demanded the payment of the remainder of the construction cost after completion of the instant construction work, the Defendant requested the Defendant to pay 7,123,200 won directly out of the construction cost to the Plaintiff, who is the contractor, on December 21, 2016. Accordingly, F paid 7,123,200 won to the Plaintiff on December 27, 2016.
3) On February 14, 2017, the Plaintiff filed a petition against the Defendant and C with the Labor Administration on the ground that he/she was not paid part of the instant construction cost, and F requested the Defendant to submit a direct payment agreement to the Plaintiff on March 13, 2017. Accordingly, the Defendant prepared and sent a written request for direct payment that the unpaid construction cost to the Plaintiff is KRW 31,55,300, and that the Defendant requested F to pay it directly. [Grounds for recognition] The Defendant did not dispute the fact that there was no dispute, the evidence Nos. 2 through 13 (including the serial number, each entry of this Court, D, the fact-finding results with respect to the Daejeon Regional Employment and Labor Agency, and the purport of the entire pleadings as a whole.
2. The above facts of recognition.