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Reasons
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(영문) 부산지방법원 2018.04.05 2017가단309650
구상금
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1. The Defendant’s KRW 75,105,00 and the Plaintiff’s annual rate of KRW 5% from April 1, 2017 to April 5, 2018 and the following.

Reasons

1. The following facts can be acknowledged in full view of the evidence No. 1, evidence No. 2-1, evidence No. 2-1, evidence No. 3-4, evidence No. 4, evidence No. 5, and evidence No. 6, evidence No. 7-1, 2, 3, evidence No. 8-1, 2, evidence No. 8-2, evidence No. 11-1, 12, evidence No. 13-1, 2, evidence No. 13-3, evidence No. 14, evidence No. 15-1, 2, and evidence No. 18, and evidence No. 18, and evidence No. 13-2, evidence No. 14, evidence No. 15-1, 2, and evidence No. 18 of the witness testimony of the witness of the Association:

The Plaintiff concluded a contract with the Defendant to re-subcontract the 170,500,000 won contract amount (i.e., value-added tax of KRW 155,500,000,000,000), and the date of completion by April 10, 2016, for the production and installation of steel frame (hereinafter referred to as the “instant construction”) from among the E projects in Young-gu, the steel and panel works were subcontracted from D Co., Ltd., and around March 2, 2016.

B. On March 2, 2016, the Plaintiff paid the Defendant a total of KRW 110 million, including KRW 10 million on April 5, 2016, KRW 20 million on April 5, 2016, KRW 33 million on April 11, 2016, and KRW 10 million on May 10, 2016.

C. The Defendant’s employees and the equipment lessor demanded the Plaintiff to guarantee the payment of direct payment of wages and the rent of equipment, as the Defendant did not pay the equipment rent for the equipment leased to the equipment lessor.

On May 16, 2016, the Plaintiff agreed with the Defendant as follows.

1) The Plaintiff shall pay the Defendant’s wages directly to the Defendant’s employees, and shall guarantee the Defendant’s payment of equipment rent for the Defendant’s equipment lessor. 2) The Defendant shall pay the Plaintiff the amount exceeding the amount of KRW 60,50,000 (=170,500,000 - 110,000 won) of the balance of the construction cost.

E. From July 29, 2016 to February 9, 2017, the Plaintiff, on behalf of the Defendant, paid the Defendant’s employees, such as F, a total of KRW 51 million, as shown in attached Table 1, to F, etc., and thereafter, the Defendant.

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