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(영문) 광주지방법원 2016.02.16 2015가단36254
손해배상(기)
Text

1. The Defendant’s KRW 37,782,70 for the Plaintiff and KRW 5% per annum from October 2, 2015 to February 16, 2016.

Reasons

1. Indication of Claim: on November 20, 2014, the Plaintiff subcontracted to the Defendant a shing work among the Mayang Middle School New Construction Works. However, the Defendant did not pay wages to the employees belonging to the Defendant as stated in the attached Form A, and did not pay accommodation expenses, food expenses, etc., the Plaintiff paid KRW 37,782,700 in total with the wages, accommodation expenses, food expenses, etc. as stated in the attached Form (60%) as stated in the payment status (60%) and the Defendant exempted the Defendant from the obligation to pay the above amount, and the Plaintiff incurred damages equivalent to the above amount, thereby seeking the return of unjust enrichment equivalent to the above amount by service by publication (Article 208(3)3 of the Civil Procedure Act).

3. Part of dismissal: The plaintiff claimed for the payment of damages for delay calculated at the rate of 15% per annum from the day after the delivery of a copy of complaint to the day after the delivery of a copy of complaint, but the plaintiff claimed for the payment of 37,782,700 won per annum while the plaintiff claimed for the payment of 58.5 million won per annum. Thus, the part of the claim for damages for delay exceeding the above rate for the above period shall be dismissed, considering that it is reasonable for the defendant to resist from the day after the delivery of a copy of complaint to the day when the decision of this case

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