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1. The Defendant’s KRW 36,045,00 for the Plaintiff and KRW 5% per annum from February 25, 2017 to July 11, 2019, and the following.
Reasons
1. Basic facts
A. On May 9, 2016, the Plaintiff and the Defendant entered into a subcontract with respect to the construction period of reinforced concrete construction (hereinafter “instant construction”) from May 10, 2016 to August 31, 2016, with respect to the construction period of reinforced concrete construction (hereinafter “instant construction”).
B. By August 19, 2016, the Defendant: (a) performed the instant construction project; and (b) left the instant construction site; and (c) thereafter, the Plaintiff completed the instant construction project.
C. The Plaintiff paid the Defendant the remainder of the construction cost, excluding KRW 14,395,00,000, out of the construction cost following the completion of the instant construction work.
[Ground for recognition - Unsatisfy, Gap evidence 1 to 3 (including each number; hereinafter the same shall apply)
(2) Each entry and the purport of the whole pleading
2. Determination
A. In order to complete the instant construction, the Plaintiff’s assertion was obligated to pay 69,90,000 won for the Defendant’s wage of KRW 69,50,00 for the Defendant’s use of Crain and KRW 1,500 for the food of KRW 7,000 for the food of KRW 78,40,000 for the Plaintiff (= KRW 1,500,000 for the 69,900,000 for the 1,50,000 for the 14,395,000 for the interest of KRW 7,00 for the interest of KRW 64,05,00 for the interest of KRW 14,395,00 for the interest of KRW 7,00 for the delay,
B. The defendant's assertion that there was no unpaid personnel expenses at the time of suspending the construction of the instant case. Since the plaintiff voluntarily paid the wages unrefilled without the defendant, the defendant cannot respond to the plaintiff's claim.
C. As to the claim for wage reimbursement, the Plaintiff asserts to the effect that: (a) the wage of KRW 3,870,00 for July 2016; (b) KRW 46,570,000 for wages from August 1, 2016 to August 19, 2016; (c) the wage of KRW 14,210,000 for wages from August 20, 2016 to August 31, 2016; and (d) KRW 5,250,000 for monthly wages from September 2016 on behalf of the Defendant.
First, as to the wage from August 20, 2016 to August 31, 2016 and the wage from September 2016, 2016, the Defendant fell under the wage that the Plaintiff was directly managing the instant construction work after leaving the construction site. As such, each of the above wages constitutes the wage that the Plaintiff incurred while directly managing the instant construction work.