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(영문) 서울중앙지방법원 2020.11.03 2018가단13422
보수 등
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The plaintiff (Counterclaim defendant) is about 43,600.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

Basic Facts

On June 27, 2016, with respect to the new construction of the instant building C (hereinafter referred to as the “instant construction”) on the ground of the Defendant and Jeju City (hereinafter referred to as the “instant construction”), the Plaintiff shall pay the contract amount of KRW 400,000,000, and the construction period from June 30, 2016 to December 30, 2016; the contract amount of KRW 10,000,000 in advance; the contract amount of KRW 70,000,000 after the contract was concluded as the down payment; and the amount of KRW 80,000,000,000 upon the completion of the framework construction on the first floor; and the amount of KRW 80,00,000 at the time of completion of the construction work on the first floor and on the completion of the construction work on the basis of the contract amount of KRW 400,00,00 per day; and

From June 30, 2016 to December 30, 2016, the Defendant concluded a labor contract with the Plaintiff and the working period from June 30, 2016 to December 30, 2016 (hereinafter “instant labor contract”) with the content that: (a) the working place is the construction site of this case; (b) the wage is KRW 5,00,000 per month; (c) the payment date of the wage is the 22th day of each month; and (d) the payment method

The Plaintiff commenced the instant construction work on July 1, 2016.

By November 25, 2016, the Defendant remitted to the Plaintiff KRW 363,00,000 as the price related to the instant construction project.

The defendant paid 5,680,000 won to the plaintiff substitute for the plaintiff.

The Defendant shall complete the construction by April 16, 2017 and the Plaintiff’s completion of the construction until April 30, 2017. This is to ensure that all types of construction are not performed until the time is not defective. On April 30, 2017, the remainder excluding KRW 368,680,000, out of the contract price of the instant contract, when the Defendant was found to have completed the construction at issue after the construction of the instant building and then the commencement of the construction is not abnormal.

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