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(영문) 서울중앙지방법원 2018.09.12 2016가단85386
부당이득금반환
Text

1. The Defendant’s KRW 14,942,390 for the Plaintiff and KRW 5% per annum from July 22, 2016 to September 12, 2018.

Reasons

1. Basic facts

A. Lonedo Construction Co., Ltd contracted to the Plaintiff the instant construction work among the instant construction work (hereinafter “instant construction work”).

B. On July 17, 2015, the Plaintiff entered into a contract with the Defendant to participate in the construction of the instant construction project (hereinafter “instant contract”). The main contents of the contract are as follows.

Article 5 (Contract Amount) ① Contract Amount: 89,00,000 won (3) The above contract amount shall include social security insurance, such as workers’ wages, food, commuting taxes, resident tax, public charges and health insurance, retirement pension installments, etc., overtime allowances, on-the-spot cleaning expenses, waste disposal expenses, and all other expenses to be borne by the employer for the job and for the job-seeking activities of workers.

Article 7 (Payment and Settlement of Price) (1) The plaintiff shall pay the amount of progress payment every month in the same manner as the original office's fat rate, and shall, in principle, directly pay the outsourcing workers, and shall attach a copy of the passbook to which wages are to be paid at the time of submission

(2) The defendant shall claim payment for completed portion by calculating the quantity of the survey or the performance of the work in the immediately preceding month by the 10th day of each month, and shall submit to the plaintiff a receipt of labor expenses, equipment expenses, food expenses, etc. paid in the immediately preceding month and a written labor contract for newly employed workers in the current month.

(3) The defendant shall pay the full amount of the cost of labor, the cost of materials to be borne by the defendant, and the cost of on-site production to the number of inputs each month without reservation, and if false or unpaid, he/she shall assume all civil and criminal responsibility

(4) After completion of construction, the defendant shall pay according to the settlement of the plaintiff's construction volume, and when there is an increase or decrease in quantity from the original contractor, he/she shall settle accounts according to the volume without

2. The gist of the Plaintiff’s assertion was that the Defendant carried out construction works using 9,380 concrete block and concrete brick 393,540, which the Plaintiff brought into the construction site of this case.

Based on this, the Plaintiff.

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