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(영문) 대구지방법원 2018.12.21 2017가단120568
임금 등 청구의 소
Text

1. The Defendant: (a) KRW 6,032,50 for Plaintiff A and 6% per annum from August 16, 2017 to December 21, 2018; and (b).

Reasons

1. Chief;

A. On February 2015, the Plaintiff’s position Plaintiff A is a public veterinarian, Plaintiff B is a person running “D,” and the Defendant is a construction business entity. (2) On February 2, 2015, the Defendant entered into a contract with Plaintiff A for wood construction (hereinafter “TW”) with respect to the part of the remodeling construction project for G Gowon-gun, F, etc. (hereinafter “instant construction project”) among the remodeling projects for G Gowon-gun E and F, etc. located in Gyeongdong-do, Gyeongbuk-do., and entered into a timber supply contract with Plaintiff B (hereinafter “TW”).

3) The Plaintiff A agreed to complete the wooden construction from February 10, 2015 to April 10, 2016, and the price for wooden construction was paid KRW 2,500 per unit registered as a timber unit.

In addition, the Plaintiff A’s price for 139,984,750 won (i.e., president KRW 55,9939.92,50), and the Defendant paid only KRW 100,000 among them, and did not pay the remainder.

B) The amount of timber supplied by Plaintiff B to the Defendant for the instant construction was 59,624.1, and the total amount of supply was 171,253,755. The Defendant paid only KRW 150,00,000 among them, and did not pay the remainder of KRW 26,536,131 (= value-added 24,123,755). Accordingly, the Plaintiffs seek payment of the amount stated in the purport of the claim to the Defendant.

B. Defendant’s assertion 1) As to Plaintiff A’s claim, Plaintiff A and Defendant paid 2,500 won per registered title with respect to wooden works, and agreed to perform wooden works in accordance with the drawing. In addition, according to the drawing, the number of timber registered at wooden works is 42,413 (H 15,775, I 13,451, J 13,187) and the subsequent wood works cost is 106,032,50 won. Moreover, Plaintiff B and Defendant did not perform some works. Plaintiff B and Defendant agreed to supply wood in relation to the Plaintiff’s claim in relation to wooden works, and the price for wood works is 150,000,000 won.

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