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(영문) 수원지방법원 안산지원 2018.07.25 2016가단74890
임금
Text

1. Defendant D’s KRW 15,00,000 as well as 6% per annum from October 1, 2016 to July 25, 2018, respectively, to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a person engaged in the construction and marina business in the trade name of E, and the Defendant Company is a company with the objective of maintaining and managing facilities, painting, etc., and the Defendant C is the manager of the Defendant Company.

B. The Plaintiff introduced the outer wall design construction contracted by the Defendant Company through Defendant D to put the Plaintiff’s body and performed it, and received payment for the construction cost from Defendant D, as well as the Defendant Company’s introduction, performed the construction of outer wall design construction work at Daejeon L site, Ansan F construction site, Cheongju G construction site, Gwangju H construction site, Gwangju H construction site, Gwangju I construction site, Gyeongsan J construction site, and Jeju K construction site (hereinafter “instant construction site”).

C. On August 6, 2016, the Plaintiff received KRW 40 million from Defendant D’s credit against the Defendant Company for the payment of the construction cost at each of the instant construction sites.

Afterward, the Plaintiff received KRW 40,847,310,00 in total from the Defendant Company on August 17, 2016 (Seoul JJ site), KRW 28,210,470 in September 9, 2016 ( KRW 9,210,470 in the construction site of Gwangju KK site, KRW 19,00 in the construction site of JejuK site), and KRW 40,847,310 in total.

[Ground of recognition] The fact that there is no dispute, Gap's evidence 1, Gap's evidence 3-1, 2, and Gap's evidence 5-2, and the purport of the whole pleadings

2. Claim against the defendant company

A. The summary of the Plaintiff’s assertion 1) Defendant D is an employee with a partial comprehensive authority of the Defendant Company, and concluded a construction contract with the Plaintiff on behalf of the Defendant Company. Accordingly, the Plaintiff did not receive the construction cost of KRW 135,104,690 in total, even though it performed the construction of outer wall design in each of the instant construction sites. Accordingly, the Defendant Company should pay the Plaintiff the remainder of KRW 120,104,690, excluding the amount of KRW 15,000,000 which Defendant D received from the Plaintiff, and the delay damages therefrom. 2)

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