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(영문) 대전지방법원서산지원 2015.07.08 2014가단8549
임금
Text

1. The plaintiff's claim against the primary defendant is dismissed.

2. Preliminary Defendant: KRW 29,696,000 and this shall apply to the Plaintiff.

Reasons

1. According to the evidence evidence Nos. 1 through 4 above, the Plaintiff supplied 30,976,000 won (including 14,080,000 won on June 14, 2014; 13,92,000 won on July 13, 2014; 2,904,000 won on August 2, 2014; 1,280,000 won on June 6, 2014; and 29,69,000 won for value-added tax to be paid by the primary Defendant.

The primary defendant is a contractor (contractor) who has been awarded a contract for the extension work of the C Educational Meeting from the C Educational Meeting, and the primary defendant is a subcontractor (contractor) who has received a contract for the construction work of the C Educational Meeting from the primary defendant.

The key issue of the instant case is whether the subject who is liable to pay wages to the Plaintiff is the primary accused or the primary accused.

2. In full view of the following circumstances, it is reasonable to view that the conjunctive Defendant supplied the seal from the Plaintiff and carried out the construction work, comprehensively taking account of the descriptions of Gap's evidence Nos. 1 through 4, Eul's evidence Nos. 1 through 6, and the witness Eul's testimony and pleading as follows.

Therefore, the plaintiff's claim against the main defendant is without merit, and the conjunctive defendant is obligated to pay to the plaintiff the amount of 29,696,000 won payable to the plaintiff and damages for delay calculated at the rate of 20% per annum from June 25, 2015 to the date of full payment after adding the additional claim to the conjunctive defendant.

① On May 2, 2014, the conjunctive Defendant entered into a subcontract for construction works (from May 2, 2014 to July 15, 2014) with respect to molded works by the primary Defendant.

On June 3, 2014, the conjunctive defendant delivered the labor cost claim to the primary defendant, and the primary defendant, on the same day, remitted KRW 30,000,000 to the national bank account of the conjunctive defendant D.

② The Plaintiff’s primary defendant is to prepare a tax invoice for wages.

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