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(영문) 울산지방법원 2015.10.13 2015가단846
노임
Text

1. The defendant shall have 5,709,320 won against the plaintiff (Appointed Party) and the Appointed B, each of them C, D, E, F, G, H, I, K, K, L, M, and N.

Reasons

In light of the facts without dispute between the parties, Gap evidence Nos. 1, 3, 4, 5, 6, and evidence Nos. 2-1, 2, 3, 3, 1, and 2 of Gap evidence No. 2-2, the defendant awarded a subcontract to the 1,57,000 won of reinforced concrete construction work of building building of 2 Gangseodong Elementary School Teachers in Jun. 2, 2014 to the 1,57,00,000, and the plaintiff (the appointed party) and the appointed party (hereinafter referred to as the "Plaintiffs") were employed at the above construction site. The defendant promised to pay wages directly to the plaintiffs around June 2014, and the defendant promised to pay wages directly to the plaintiffs from that time to Nov. 27, 2014, the defendant ordered to pay wages to the plaintiffs under the above 10th of the price of construction work on behalf of the plaintiffs.

The Defendant’s payment guarantee of this case is that the Defendant guarantees the payment of the Plaintiffs’ wages within the scope of the construction cost to be paid to the Chang-Name. The Defendant paid the Chang-Name a total of KRW 1,57,95,095 in excess of the construction cost, and there is no construction cost that the Defendant has to pay to the Plaintiffs.

In addition, the court below asserted that the payment of the construction price payable for the Chang Name was KRW 490,895,169, and the amount paid for the post-payment prior to and after the instant payment guarantee was paid as wages of KRW 618,528,000 in total, which exceeds the remaining progress payment, and the Defendant did not have any obligation to the Plaintiffs.

According to the evidence Nos. 3-1 through 6, No. 4, 5, 7, and 8, it is recognized that the defendant paid a sum of KRW 1,57,956,095 won to a creative name.

(b).

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