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(영문) 대전지방법원 천안지원 2018.08.22 2017가단9677
임금
Text

1. The Defendant’s each money written in the “total amount of wages” column in the separate sheet to the Plaintiff (Appointed Party) and the Appointed Party.

Reasons

1. Basic facts

A. On July 25, 2013, the Defendant entered into a contract for the construction of the structural part of the instant construction work with the construction period fixed from July 25, 2013 to July 17, 2015 (hereinafter “instant subcontract”) under the Korea Armed Forces Finance Management Agency’s order (hereinafter “instant construction”). The Defendant entered into a contract for the construction of the instant subcontracted construction work with the construction period of KRW 3,685,00,000 (hereinafter “instant subcontract”) upon setting the construction period from July 25, 2013 to July 17, 2015.

B. The Plaintiff (Appointed Party; hereinafter referred to as the “Plaintiff”) and the designated parties are affiliated with Samk-Cro and engaged in the work of dismantling the mold and installing the mold at the site of the instant construction work.

C. On April 7, 2015, the Defendant commenced rehabilitation procedures and completed the rehabilitation on November 30, 2017.

【Ground of recognition】 The fact that there has been no dispute, Eul's evidence 1-1 and 2, and the purport of the whole pleading

2. The parties' assertion

A. The Plaintiff and the designated parties are not Samnac, but the Defendant’s request for work from the Defendant, and the Plaintiff and the designated parties were from October 1, 2014 to November 29, 2014, and were engaged in the termination of the mold and the installation of a mold at the instant construction site from October 1, 2014 to November 29, 2014. As such, the Defendant is obligated to pay the Plaintiff and the designated parties wages and damages

B. Defendant 1) The work of dismantling and installing molds conducted by the Plaintiff and the designated parties is included in the construction work that the Defendant directly promised to pay wages to the Plaintiff and the designated parties, and the Defendant directly paid to the participants of the construction work in accordance with the consent of the UNPP from August 2014 to October 2014, which the Defendant is obligated to pay the subcontract price to the Plaintiff and the designated parties.

Since then, as of October 31, 2014, the Defendant entered into the instant subcontract with Samchina.

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