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(영문) 울산지방법원 2014.08.22 2013가단58322
추심금
Text

1. The Defendant (Appointeds) KRW 15,865,274, KRW 29,569,262, KRW 13,166,428, and KRW 13,166,428 to the Appointeds C.

Reasons

1. Facts of recognition;

가. 주식회사 한인테크(이하 ‘소외 회사’라 한다)는 2011. 10. 7. 피고와 사이에 울산 중구 우정동 우정혁신도시 2-3 블록 동원로얄듀크 아파트 신축공사 중 철근콘크리트 공사(이하 ‘이 사건 공사’라 한다)를 피고로부터 공사대금 5,632,379,088원(부가세 포함), 공사기간 2011. 10. 7.부터 2013. 10. 31.까지로 하여 하도급 받는 내용의 공사계약을 체결하였다.

B. The instant construction contract was terminated by the Defendant’s declaration of intent on January 16, 2012, and the Defendant excluded the non-party company from the construction site. The amount of the contract amount claimed by the non-party company against the Defendant is equivalent to KRW 508,853,423, excluding the construction cost received from the Defendant as of the time of discontinuance of construction work.

C. In the process of performing the instant construction project, the non-party company participated in the process of the instant construction project by the Plaintiff (designated parties, hereinafter “Plaintiffs”) and the designated parties who were the employees of the non-party company at the time of the instant construction project. After the termination of the instant construction contract, the Plaintiff and the designated parties retired from the non-party company on January 31, 2012, and the non-party company’s wages and retirement allowances that the non-party company should pay to the Plaintiff and the designated parties are as follows.

Serial Order 12,570,040 3,295,234 15,865,274 2,091,320 21,477,942229,2323,480 5,933,948 13,16,428 4,772,810 04,772,8105 E2,508,150 469,572,222,977,737,732, 6506,506, in total of the delayed payment amount of 2,508,150 469,577,732,736,506

D. On August 22, 2012, the non-party company had the Plaintiff and the appointed parties, at the notary public’s office, expressed their intent to pay the relevant wages and retirement allowances in arrears as stated in the above chart by August 27, 2012, and had the said notary public prepare each notarial deed (No. 531 through 535 of the deed 2012) stating the content thereof.

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