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(영문) 인천지방법원 2015.06.05 2014가합10645
식대 및 지연금
Text

1. The defendant shall pay KRW 5,794,390 to the plaintiff.

2. Of the costs of lawsuit, 1/2 is the Plaintiff, and the remainder is the Defendant, respectively.

Reasons

1. The Plaintiff’s determination on the cause of the claim was a practice that, while operating a restaurant at the construction site of B, provided meals to the Defendant’s on-site employees in accordance with an agreement with the Defendant. On March 2014, the Plaintiff offered by the Plaintiff, KRW 58,039,850, KRW 45,936,00 for meal service on April 2014, KRW 39,374,50 for meal service on May 2014, KRW 25,36,00 for meal service on June 2014, KRW 25,366,00 for meal service on the construction site; KRW 10-15,00 for the monthly food service from October 10 to June 6, 2014; KRW 45,00 for meal service on March 6, 2014 provided by the Plaintiff to the Defendant; and there was no dispute over the purport of the Plaintiff’s offering to the Defendant’s on-site evidence 1 to 315, or 4, respectively.

According to the above facts, with respect to KRW 58,039,00 that the plaintiff seeks from April 16, 2014, which is the day following the due date for payment, for KRW 45,936,00, which is about April 16, 2014, the defendant shall pay to the plaintiff KRW 39,374,00 which the plaintiff seeks from May 16, 2014 to May 36, 2014, KRW 39,374,00 which is about May 16, 2014 x 306 x 60 x 305 x 60 x 40 x 50 x 36 x 96 x 40 x 50 x 50 x 50 x 50 x 50 x 50 x 50 5 x 50 5 x 16 x 9 5 % of the following day following the due date for payment.

After a pecuniary claimant files a lawsuit claiming the performance of an obligation against a debtor, the original pecuniary obligation of the debtor by performing his/her own obligation shall be extinguished to the extent that such obligation is extinguished.

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