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(영문) 서울중앙지방법원 2017.04.25 2016가단5231047
양수금
Text

1. As for Defendant Jeong Ho Construction Co., Ltd., the Plaintiff: KRW 37,829,400 and its amount from April 21, 2016 to April 25, 2017.

Reasons

1. Facts of recognition;

A. On April 7, 2015, the Defendant Daiil Design Group Co., Ltd. (hereinafter referred to as the “Defendant Daiil Design Group”) concluded a contract on April 7, 2015, with the construction of the Defendant Jeong Jong-dong Co., Ltd. (hereinafter referred to as “Defendant Jong-do Construction”) for the construction of the civil engineering works among the new construction works of the 160-2 and five lots of land, Chungcheongnam-dong, Chungcheongnam-dong, and the construction period from April 7, 2015 to November 15, 2015.

B. On May 10, 2015, Defendant YI Design Group: (a) concluded a contract for reinforced concrete construction work among the said new construction work with Defendant YI Construction, with each of the construction cost of KRW 1.188 billion and the construction period from May 11, 2015 to September 10, 2015.

C. From July 2015 to November 2015, the Plaintiff introduced figures to Defendant Jeong Jong Construction, and the said figures were employed by Defendant Jeong Jong Construction and worked at each of the above construction sites.

The Plaintiff paid daily wages of the above parts on behalf of the Defendant Jeong-do Construction, and agreed with Defendant Jeong-Un Construction to receive the total amount of the monthly wages paid as such from Defendant Jeong-do Construction in the following month.

After all, the Plaintiff paid 20,098,000,000 won, including the monthly wage of October 2015 and the monthly wage of November 2015, respectively, to the above-mentioned parts on behalf of Defendant Jeong-ju, on or around October 2015.

[Based on the recognition] As to Defendant Cinematographic Design Group: A without dispute; Gap evidence 1 through 14 (including each number, if any), Eul evidence 1; Eul's whole purport of pleading; and with respect to construction under the purport of the whole pleadings: Decision by service (Article 208 (3) 3 of the Civil Procedure Act)

2. On December 20, 2016, the Plaintiff agreed to pay 70% of the wage payment obligations under the aforesaid agreement by the head of the headquarters of the defendant YI Design Group around December 20, 2016. As such, the defendant YI Design Group promised to pay the Plaintiff the total amount of wages claimed by the Plaintiff in accordance with the said agreement.

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