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(영문) 광주지방법원순천지원 2017.06.15 2016가단5010
임금 등
Text

1. The Defendant’s KRW 12,790,000 for the Plaintiff and 5% per annum from April 21, 2016 to June 15, 2017.

Reasons

1. Basic facts

A. On April 20, 2015, the Defendant received a contract from B and C for civil engineering works (hereinafter “instant construction works”) among the new construction works of the E-Rehabilitation Care Hospital located in the Jeonnam-gun, the construction price of which is KRW 600,000 (including additional taxes) and the construction period from April 23, 2015 to April 23, 2016.

B. Around March 10, 2015, the Defendant employed the Plaintiff as the site manager of the instant construction project, and agreed to pay KRW 3 million per month. Around March 10, 2015, the Plaintiff, as the site manager, agreed to pay labor costs and oil expenses incurred by the Plaintiff in relation to the instant construction project at a later stage.

C. Meanwhile, between June 2015, the Defendant and B, etc., set the construction period for the instant construction work from March 25, 2015 to May 23, 2015, and settled the construction price at KRW 6,5150,00.

[Ground of recognition] Facts without dispute, evidence Nos. 1 to 3, purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Defendant asserted that the Plaintiff’s wage, etc. totaled KRW 20,119,150 [1] The Plaintiff’s three months (from March 10, 2015 to March 10, 2015) are the same.

6. 1,19,150 won (F labor cost of KRW 6,400,00,000, KRW 128,200, KRW 128,000, KRW 128,200 for purchase cost of miscellaneous materials of KRW 9,000, KRW 11,119,150 for the instant construction project) borne or disbursed by the Plaintiff in connection with the instant construction project. (The purchase cost of KRW 226,950, KRW 700 for other expenses) is obligated to be paid.

B. Determination 1) In full view of the overall purport of the pleadings, comprehensively taking into account the descriptions of evidence Nos. 1 through 3, evidence Nos. 5, evidence Nos. 1, 7 through 8, and 2 of evidence Nos. 1, 7 through 8, and witness H and G’s testimony, and the overall purport of the pleadings, the Plaintiff served as the site manager at the instant construction site from March 25, 2015 to May 21, 2015, and (2) the Plaintiff, who is his father, as the site leader, employed F as the site leader from March 26, 2015 to April 4, 2015, reported that the Plaintiff worked at the construction site at the site of this case for nine days (130,000 won per day, and reported the daily input cost to the Defendant’s side as e-mail.

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