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(영문) 서울중앙지방법원 2020.01.09 2019나3942
임금
Text

1. The part concerning Plaintiff B among the judgment of the first instance, including the claim extended by this court, is as follows.

Reasons

1. The Plaintiffs, based on the facts, are the daily workers (a wood team) who worked until March 20, 2017 at the site of the Construction Work for the Fent in Suwon-si E located in Suwon-si (hereinafter “instant Construction Work”).

The Defendant is a person who entered into a design supervision agreement with G as to the instant construction project and performed the design work.

G and H Co., Ltd. (hereinafter “H”) entered into a construction contract with a contract amounting to KRW 440,00,000 with respect to the instant construction project on January 12, 2017.

On January 11, 2017, the defendant prepared a "agreement" with H as follows:

The following matters shall be agreed between the parties to the mutual agreement, namely, the construction of new buildings on the site E in Suwon-gu, Gyeonggi-do and the representative of H(State), a related construction company, and the (State) JD as the above building design and supervisor:

D. 2) On-the-spot manager shall be entrusted to the Director (hereinafter referred to as “on-site manager”) who is a field manager with all the rights relating to the management, supply and demand of construction costs, and enforcement of the above construction site. 2) On-the-spot manager shall complete the above construction as required by the ordering person, irrespective of the contract amount between the ordering person and the contractor.

3) After approval of use, the foregoing defect management of the building is responsible to the on-site manager. 4) H (State) cooperates with the administration pertaining to the performance of the construction without interruptions and, if any, accepts the demand of the on-site manager to waive the construction work.

5) The on-site manager shall pay KRW 10,000,000 ( KRW 24,000,000), among the expenses for managing the head office, KRW 24,000,000,00,000, after completing a report on the change of the construction-related persons, to the competent authority, and shall pay the remaining amount before the approval for use is granted (Provided, That the conditions for separate calculation at the time of the change of the contract amount), the industrial accident insurance premium shall be paid to H immediately after the contract is made.

[Reasons for Recognition] Facts without dispute, the whole documentary evidence, and the purport of the whole pleadings

2. Judgment as to the primary claim

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