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(영문) 춘천지방법원원주지원 2017.11.07 2015가단36104
근로에관한 소송
Text

1. The Defendant’s KRW 22,209,632 as well as the Plaintiff’s annual rate of 5% from November 2, 2015 to November 17, 2015, and November 18, 2015.

Reasons

Basic Facts

A. On May 2015, Bo Young-gu Ltd. (hereinafter referred to as “ Bo Young-si”) entered into a construction contract with B Co., Ltd. (hereinafter referred to as “B”) on a condition that Bo Young-si factory extension works were contracted between B and Pyeongtaek-si C.

B. On May 21, 2015, the Defendant entered into a subcontract for construction works that the Defendant supplied sewage with electricity, telecommunications, and fire fighting (hereinafter “instant construction works”) among the construction works for the extension of the Yaeung Factory from the Yaeung Factory.

C. On the same day, the Plaintiff entered into an agreement with the Defendant on the same day with the content that the Plaintiff would supply the Defendant with the necessary human resources for the instant construction and perform construction works and be paid labor costs of KRW 70,00,000 (excluding value-added tax) (hereinafter “instant agreement”).

Article 8 of the instant contract provides that “The addition and the modification of a design: the modification of a design or an additional request shall be made only by the construction executor, and the additional settlement shall be made.”

[Ground] Facts without dispute, Gap evidence Nos. 1 and 14, Eul evidence Nos. 18, and summary of the purport of the entire pleadings, plaintiff 1) of the contract of this case provides that the additional construction shall be made if the defendant's additional construction is requested to do so. Since June 2015, the defendant requested the plaintiff to perform the additional construction work, and prepared a quotation by calculating the unit price, etc. for some additional construction work. Considering these circumstances, the plaintiff and the defendant made an estimate among the plaintiff and the defendant, including the alteration of partitions, female toilets, deletion, electric lights, pipes due to the change of the location of the subdivision, etc., electricity, fire fighting, and telecommunications work (hereinafter "Additional Construction work of this case").

(1) The contract under which the supply of the necessary human resources and the construction thereof and the payment of 30,005,894 won as the labor cost (hereinafter referred to as the “instant contract”).

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