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1. The Defendant shall pay to the Plaintiff KRW 34,320,00 and the interest rate of KRW 15% per annum from June 23, 2016 to the day of complete payment.
Reasons
1. Determination on the cause of the claim
A. In full view of the facts of recognition as to Gap evidence Nos. 1 through 4, Gap evidence Nos. 5-1 through 11, and the purport of the entire arguments, the plaintiff supplied labor manpower to be engaged in cleaning and other miscellaneous work to the "D new house construction site" located in C in the original city performed by the defendant from Apr. 2, 2015 to Feb. 2, 2016, the plaintiff first paid daily allowances to the relevant worker, and then claimed labor expenses to be paid during the previous month by submitting a statement of payment of labor expenses to the defendant for the following month. The plaintiff may recognize the fact that the plaintiff filed each claim against the defendant for labor expenses totaling KRW 73,380,000 and labor expenses totaling KRW 220,000 on Feb. 2, 2016.
B. Therefore, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the remainder of the unpaid labor cost after deducting KRW 39,280,000 from the labor cost on December 2, 2015 and the labor cost on February 2, 2016 (=34,100,000 (= KRW 73,380,000 - KRW 739,280,000) - KRW 39,280,000) and damages for delay.
2. Judgment on the defendant's assertion
A. The Defendant asserts that, on March 27, 2013, the Defendant and Japan Construction Co., Ltd., Ltd., Sown Construction Co., Ltd., Ltd., concluded a contract for the construction of D new houses with the Public Procurement Service for the construction of D new houses, and the Defendant’s shares in the construction works under the above contract merely constitute 46% of the labor cost claimed by the Plaintiff, the Defendant is liable to pay only 46% of the labor cost requested by the Plaintiff.
B. Joint ventures with judgment are basically based on the nature of a partnership under the Civil Act, and in principle, members are jointly and severally liable pursuant to Article 57(1) of the Commercial Act if the partnership’s obligations are to be borne by acts of commercial activity for all the union members.