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(영문) 대구지방법원 2021.03.25 2020나315749
공사대금
Text

The part of the judgment of the court of first instance against the defendant exceeding the following amount ordered to be paid.

Reasons

1. Facts of recognition;

A. The relationship 1) The Defendant is a company established for the purpose of job training related to the interior of the vulnerable class with employment, job creation, housing welfare projects for the low-income group, etc., and the J Center’s interior construction work (hereinafter “instant construction work”) from Daegu City social service center.

2) The Plaintiffs are companies or people that received a subcontract from the Defendant for the detailed construction of the instant construction project.

B. The Plaintiffs completed each construction subcontracted by the Defendant, and the J Center completed December 3, 2019.

【Fact-finding without dispute over the basis of recognition, entry in Gap evidence 1 through 7 (including various numbers in the case of having a number) and the purport of the whole pleadings

2. Determination as to Plaintiff A’s claim

A. Plaintiff A’s assertion 1) The gist of Plaintiff A’s assertion was from November 8, 2019 to December 3, 2019, the Plaintiff served as the site manager of the instant construction project, and the Defendant agreed to pay wages at KRW 6,00,000.

In addition, the plaintiff A provided 586,900 won on behalf of the defendant when purchasing necessary materials at the construction site of this case.

Therefore, the Defendant is obligated to pay the Plaintiff A the sum of the above wages and material costs of KRW 6,586,90 and the amount of delayed damages calculated at the rate of 5% per annum from December 4, 2019 to the service date of a duplicate of the complaint of this case from the next day to the day of complete payment.

2) The Defendant’s summary of the Defendant’s assertion is KRW 150,000 to KRW 160,000 per day as agreed with Plaintiff A.

Plaintiff

A’s working hours are not 21 days but 5 hours per 16 days. The Plaintiff’s wages are 2,493,750 won per day (=150,000 won per day x 5 hours per 16 days).

Plaintiff

A worked as the site director of the construction of this case, while performing the work of this case, performed the work in an inappropriate manner and performed the supervision of the work.

As a result, the defendant's construction cost of 564,300 won and 564,300 won and 1.

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