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1. Defendant B shall pay to the Plaintiff KRW 33,923,401 as well as 20% per annum from November 16, 2014 to the date of full payment.
Reasons
1. The facts subsequent to the facts of recognition do not conflict between the parties, or may be acknowledged by adding up the whole purport of the pleadings to the entries in Gap evidence 1-1 to 3, Gap evidence 2-1, 2, and Eul evidence 1.
Defendant B, who ordered Sco Co., Ltd. to undertake the instant construction work (hereinafter “instant construction work”), asked Defendant C to lend the name of the contractor under the said construction contract to the representative of E.
B. Upon such request, Defendant C entered into a contract on the instant construction project with ECo, and subsequently delegated Defendant B with the right to transfer the instant construction project on December 15, 2013, and issued a written confirmation to the effect that all the civil and criminal issues pertaining to the instant construction site are irrelevant to E.
C. Meanwhile, upon introducing Defendant B from F, the Plaintiff received daily wage from Defendant B. From January 3, 2014, the Plaintiff performed the structural construction at the construction site of this case from January 3, 2014. Furthermore, the Plaintiff leased temporary materials worth KRW 6,747,101 from G to use them at the construction site of this case.
Defendant B: (a) around February 8, 2014, the Plaintiff settled the Plaintiff’s unpaid wages up to February 12, 2014; (b) written statement to the effect that, if not performed, the Plaintiff may claim for the payment of the unpaid wages to Sco Co., Ltd.; (c) that, around February 12, 2014, the unpaid wages amounting to KRW 27,176,300 shall be paid up to February 21, 2014; and (d) that, around June 12, 2014, the unpaid construction wages and G rents shall be paid collectively by June 20, 2014; and (e) each written statement to the effect that, upon non-performance of the promise, the Plaintiff and Defendant B entered the head office of Sco Co., Ltd., Ltd., to transfer the construction costs through consultation, was prepared and issued.
2. According to the above facts finding as to the claim against Defendant B, Defendant B shall pay the Plaintiff the unpaid wage of KRW 27,176,300 and G as agreed in the letter.