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Reasons
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(영문) 수원지방법원안산지원 2020.10.23 2019가단71311
구상금
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Defendants shall jointly and severally pay to the Plaintiff KRW 40,155,00 and 20% per annum from July 18, 2019 to the date of full payment.

Reasons

1. Facts of recognition;

A. The relationship between the parties 1) Defendant C Co., Ltd. (hereinafter “Defendant C”).

Defendant B (hereinafter “Defendant B”) on or around March 5, 2019 with respect to the F new construction in E, which was contracted by D Co., Ltd., Ltd., and which was contracted by D Co., Ltd., Ltd.

2) The term “instant construction” means the term “instant construction” (hereinafter referred to as the “instant construction”).

(2) The Plaintiff awarded a subcontract to the construction site of this case from April 8, 2019 to July 3, 2019.

3) The said workers performed their duties at the instant construction site under the direction and supervision of Defendant B, who was not registered for the construction business. (b) The Plaintiff paid the wages preferentially to the workers placed at the instant construction site. The Plaintiff paid the total of KRW 20,105,00 to the workers employed from April 8, 2019 to April 30, 2019, the total of KRW 33,582,500 to the workers employed from May 1, 2019 to May 31, 2019, and the total of KRW 38,430,000 to the workers employed from June 1, 201 to June 30, 2019, and the total of KRW 105,00 to the workers employed from each of the instant construction sites, from July 1, 2019 to July 30, 2019, respectively.

The wage details of June 2019 and July 2019 for the construction site of this case paid by the Plaintiff on behalf of Defendant B are as shown in the attached Table.

2) The Plaintiff paid the amount equivalent to the above wage to Defendant B on April 2, 2019 for workers who worked at the construction site of this case, and then requested Defendant B to pay the amount equivalent to the above wage on May 2, 2019. On June 21, 2019, Defendant B paid KRW 20,105,000 to the Plaintiff on June 21, 2019. Meanwhile, on July 2019, Defendant B provided Defendant C with a document of consent to the Plaintiff’s direct payment of the wage to the employees of the construction site of this case to Defendant C on May 2, 2019 or July 2019.

4) Accordingly, the Plaintiff from Defendant C on July 17, 2019, the amount equivalent to the wage for May 2019 to the construction site of this case.

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