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(영문) 인천지방법원 부천지원 2018.11.28 2018가단1317
노임
Text

1. The defendant shall pay to the plaintiff A KRW 39,850,000 and 5% per annum from February 11, 2018 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiffs are those who provide labor at the construction site.

B. On June 27, 2016, the Defendant entered into a construction agreement with D on June 15, 2016 with respect to E Corporation (hereinafter “E Corporation”) at KRW 31,00,000 on the date of commencement, July 31, 2016, the date of completion, and the contract amount of KRW 31,00,000. The Plaintiff provided labor at the said construction site.

C. The Defendant entered into a subcontract agreement with the Plaintiff, etc. regarding F Corporation, G Corporation, H Corporation, I Corporation, etc.

(1) June 1) : 82 persons: 232,5 x 150,00 x 34,875,000 won x 8,315,00,000 won x May 18, 19,000 x 160,802,80,875,000 G 1): 52.5 0,007,875,000 / 000 / September 6, 2000 / 15 00 / 150,000 / 150,000 / 150,000 / 150,07 /600 / 875,000 / 1000 /6,005 00 / 1030,005 / 6,005 / 107 / 1000 /

D. On the other hand, on June 14, 2017, the Defendant, on the one hand, prepared and signed the basic wage calculation content as follows.

(hereinafter referred to as “the calculation details of the basic wage of this case”) fact that there is no dispute about the calculation details of the basic wage of this case [based on recognition], Gap evidence 1, Gap evidence 3, Eul evidence 3, and the purport of the whole pleadings.

2. The assertion and determination of the parties by each construction work

A. (1) The summary of the parties’ assertion (A) Plaintiff A’s assertion that the Plaintiff provided labor upon receiving a subcontract for labor from the Defendant regarding the field of E works. The Defendant is obligated to pay the Plaintiff the balance of KRW 19,875,000 for the payment of the construction cost. 2) The Plaintiff’s assertion that the Plaintiff B was entitled to a subcontract for labor calculated by the Defendant’s daily amount of KRW 150,000 for E works, separate from the Plaintiff A.

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