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(영문) 서울북부지방법원 2020.02.18 2019나546
인건비
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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The following facts may be found either in dispute between the parties or in Gap evidence No. 1 together with the purport of the entire pleadings.

C It is the owner of a loan that is newly built on the ground and on the land of Seongbuk-gu, Sungnam-gu and one parcel (hereinafter “the loan of this case”).

B. C entered into a contract with E for the construction of a pellet (hereinafter “instant pellet construction”) among the instant construction of the instant Balet construction works, with the construction period from August 30, 2015 to October 30, 2015; and the construction cost as KRW 88 million to the construction cost.

C. E awarded a subcontract to F with respect to the instant construction work.

On August 15, 2015, F entered into a contract with the Defendant to re-subcontract the instant construction work to the Defendant with the cost of construction KRW 82 million.

E. The Defendant agreed with the Plaintiff to receive daily allowances and take charge of part of the instant construction work.

F. Meanwhile, with respect to the instant construction project, the Plaintiff is a person who received KRW 52,80,000 from the Defendant on September 3, 2015, KRW 1,000,000 from September 25, 2015, KRW 1,000,000 on October 24, 2015, KRW 2,000 on November 25, 2015, KRW 2,80,000 from E, and KRW 5,80,000 from December 9, 2015.

2. The assertion and judgment

A. 1) The Defendant agreed with the Defendant to set the portion of the instant work as KRW 3,00 per day wage of KRW 200,000. However, the Defendant paid the remaining wage of KRW 7,80,000,000 (=100,000 won x 7,000). The Defendant, while carrying out the instant construction, on behalf of the Defendant, paid 8,80,000 won to G and 2,000,000 won to be paid to H, on behalf of the Defendant, was obligated to pay 10,880,000 won (=8,000 won) to the Plaintiff. Accordingly, the Defendant is obligated to pay 18,60,000 won (=7,80,000 won) to the Plaintiff and delay damages therefrom.

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