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(영문) 서울중앙지방법원 2017.09.29 2017가단5082464
공사대금
Text

1. Defendant Associate Construction Co., Ltd. shall pay to the Plaintiff KRW 9,230,00 and its amount from August 16, 2017 to the date of full payment.

Reasons

1. Comprehensively taking account of the overall purport of pleadings as to the written evidence evidence Nos. 1 and 2 against Defendant Quasi-Construction Co., Ltd., Defendant Quasi-Construction Co., Ltd. (hereinafter “Defendant Co., Ltd.”) offered the Plaintiff with labor equivalent to KRW 13,60,000 from April 2, 2016 to June 13, 200 at the site of the new apartment construction work located in Sejong-si, Gangwon-do, which was performed by the Defendant Quasi-Construction Co., Ltd. (hereinafter “Defendant Co., Ltd.”), but did not receive the remainder of KRW 9,230,000 after receiving the wages from the Defendant

According to the above facts of recognition, the Defendant Company is obligated to pay the Plaintiff the unpaid wage of KRW 9,230,000 and damages for delay at the rate of KRW 15% per annum from August 16, 2017 to the day of full payment, which is the day following the delivery of a copy of the complaint of this case.

The Plaintiff asserts to the effect that eight workers, including the Plaintiff, constituted a team and agreed to provide the Defendant company with labor regarding the assembly and processing part of the aforementioned new construction works and to pay the Plaintiff the additional construction cost calculated at KRW 30,000 per minute with the wage of the said team members upon completion of the construction works, but the Defendant company did not pay the amount equivalent to the total of KRW 40,805,000 to the labor workers including the Plaintiff. However, the evidence No. 2 of the Plaintiff’s claim against the Defendant company is insufficient to acknowledge the fact of the agreement as alleged by the Plaintiff, and there is no other evidence to support the agreement. Thus, the remainder claim except the portion of the Plaintiff’s unpaid wage recognized as the Plaintiff’s claim against

2. The Plaintiff asserted that Defendant B also sought payment of wages as alleged above since he participated in the instant construction as a person in charge of the construction site of the said new construction works. However, such circumstance alone does not lead to Defendant B’s obligation to pay wages, and otherwise, Defendant B’s obligation to pay wages may be recognized.

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