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(영문) 대구지방법원 2016.03.29 2015가단49856
구상금
Text

1. Defendant A’s KRW 44,00,000 as well as 5% per annum from November 1, 2015 to December 15, 2015, respectively, to the Plaintiff.

Reasons

1. Basic facts

A. The construction, etc. of the company was subcontracted to the Plaintiff during the construction of the new house building company B in the city of Jeonnam-gu, and the Plaintiff re-subcontracted the said construction to the Defendant A, but the subcontractor was the Defendant Loenna Co., Ltd. (hereinafter “Defendant Company”).

B. Defendant A employed workers, such as C, while performing the said construction work.

C. C et al. did not receive wages from Defendant A properly, and filed a lawsuit claiming wages against the Plaintiff and the Defendants as Seoul Central District Court Decision 2014Da517666.

On July 20, 2015, the Seoul Central District Court rendered a decision in lieu of conciliation in which the Plaintiff pays KRW 44,000,000 to C, etc. by October 31, 2015, jointly and severally with the Defendants, and the said decision was August 14, 2015.

8. It was finalized in 18.

E. On October 30, 2015, the Plaintiff paid KRW 44,000,000 to C, etc.

【Reason for Recognition】 Each entry of evidence Nos. 1 through 5, and the purport of the whole pleadings

2. According to the facts of the judgment on the Plaintiff’s claim against Defendant A, the Plaintiff subrogated for KRW 44,00,000 for the Defendant A, etc.

As such, Defendant A is obligated to pay to the Plaintiff the amount of indemnity equivalent to the amount of subrogated payment as well as damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from November 1, 2015 to December 15, 2015, which is obvious that it is the last delivery date of the complaint, and 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings, from the following day to the day of full payment.

3. The Plaintiff’s claim against the Defendant Company is demanding the Defendant Company to pay the above amount of compensation jointly with the Defendant Company. However, as seen earlier, the Defendant Company is merely merely a lending of the subcontractor’s name to the Defendant Company A, and the Plaintiff is also the Plaintiff.

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