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(영문) 전주지방법원 2020.04.23 2019나2097
공사대금
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) are dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as follows, except for the addition of the following '2. Additional determination' as to the assertion that the plaintiff added or emphasized to the court of first instance, and therefore, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The Plaintiff asserts that the Defendant’s additional determination does not pay to the Plaintiff the wages or the premium of KRW 5 million, which the Defendant separately agreed to pay to the Plaintiff, and the labor cost of KRW 15.7 million, which the Plaintiff had to pay to the employees who had to work with the Plaintiff, and that the Plaintiff should pay KRW 20.75 million in total to the Plaintiff

However, in light of the evidence and the purport of the entire pleadings presented at the first instance court, there is no evidence to acknowledge that the Defendant agreed to pay KRW 5 million to the Plaintiff at its wage or premium. ② Even if the Defendant stated that it would pay KRW 2,75,000 to the Plaintiff around September 22, 2015, the Defendant’s payment of KRW 22,801,975,000 (i.e., KRW 930,000,000, KRW 930,000, KRW 50,000, KRW 205,000, KRW 50,000, KRW 200, KRW 365,000, KRW 5,000, KRW 5,000, KRW 200, KRW 65,000, KRW 165,000, KRW 205,000, KRW 16,505,015.

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