logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2019.10.25 2019나103599
합의금 청구의 소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “Co.”) was awarded a contract for D Corporation (hereinafter “Co., Ltd.”); E was awarded a subcontract for the installation and dismantling work of respective food collection facilities in A and B; and F was sub-subcontracted on July 20, 2016, for the installation and dismantling work of food collection facilities in B.

B. The Defendant, as the head of F’s technical team and the head of F’s team, supplied and managed the number of trees of the Plaintiff and the Plaintiff, who were the head of F’s above construction team, and ten.

C. On November 29, 2017, the Defendant drafted and delivered a payment agreement stating that “The Plaintiff shall pay in full the unpaid labor cost of KRW 17 million (including taxes) by January 2018.”

At the time, G head of the field office of E signed the said payment agreement.

[Ground of recognition] Unsatisfy, entry of Eul No. 3

2. The assertion and judgment

A. The Plaintiff asserted that the Plaintiff agreed with the Defendant to be additionally paid labor costs for one of the instant trees as management expenses for the number of trees that the Plaintiff moved in, other than the Plaintiff’s labor cost, and agreed to be paid for the said expenses. From October 24, 2016 to November 6, 2017, one of the labor costs incurred from November 24, 2016 to March 2017 was not paid, and accordingly, the said payment was made, and accordingly, the said payment was made, and the said payment was demanded to be made in accordance with the said payment agreement.

The Defendant first entered into a contract with the Plaintiff (a contract that is calculated as KRW 16,00,00 per square meter) and paid two labor costs to the Plaintiff from April 2017 to the Plaintiff. Accordingly, the Defendant paid all labor costs corresponding to the period that the Plaintiff worked. The labor costs indicated in the said payment agreement are labor costs in the event that the Plaintiff works additionally in the future, and the said payment agreement was suspended at ten days after the preparation of the said payment agreement, and all labor costs equivalent to ten days were paid. The Plaintiff did not inform the Defendant of the construction district that the Plaintiff had already known to the Defendant.

arrow