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(영문) 서울중앙지방법원 2017.11.21 2017나28084
임금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The Plaintiff, at the Defendant’s request from December 31, 2014 to March 18, 2015, performed the repair work for the first floor, second floor, third floor, rooftop, and third floor of general housing on the Guro-gu Seoul Metropolitan Government D ground (hereinafter “instant construction work”).

[Ground of recognition] No dispute between the parties, or the purport of Gap evidence Nos. 5 and 6 as a whole

2. The parties' assertion and judgment

A. The plaintiff's assertion 1) The summary of the plaintiff's assertion was determined as KRW 11,60,000 per day, the plaintiff's personnel expenses of KRW 250,00 per day, and the labor expenses of 180,000 per day. The plaintiff's assertion was not paid KRW 22,40,000 per day, and the plaintiff's total labor expenses of KRW 5,000 per day during the above construction period (=the labor expenses of KRW 17,40,000 for other persons) and the construction materials cost of KRW 27,40,000,000 for total labor cost of KRW 49,40,000 for the above construction work cost of KRW 11,60,000,00 for the above construction work cost of KRW 20,000 for the plaintiff, the defendant's assertion that the plaintiff's labor cost of KRW 170,000 per day, and the compensation for delay was paid to the plaintiff.

B. The Plaintiff and the Defendant set the Plaintiff’s daily personnel expenses of KRW 250,00 for the Plaintiff’s daily personnel expenses of KRW 250,000 for the instant construction work, and the daily personnel expenses of the other parts for the Plaintiff’s daily personnel expenses of KRW 180,000 for the sole basis of the descriptions or images of evidence Nos. 1

It is difficult to recognize that the Plaintiff invested construction materials equivalent to KRW 27,00,000 in the instant construction work, and there is no other evidence to acknowledge it.

Meanwhile, from January 2, 2015 to March 19, 2015, the Plaintiff is a person who received a total of KRW 31,300,000 from the Defendant as part of the instant construction cost, and the Plaintiff’s arguments are written in the evidence Nos. 2, No. 1, 3, 4, and 5 (including additional numbers).

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