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(영문) 수원지방법원 2019.12.12 2019나66569
임금
Text

1. Of the judgment of the court of first instance, the part against Defendant B in excess of the following amount ordered to be paid and against Defendant C.

Reasons

1. Basic facts

A. Defendant C is a person who engages in food waste disposal business under the trade name of “D”, and Defendant B is a person who holds a patent right to “outstanding food waste disposal equipment and its disposal method” through “E,” and the Plaintiff is a person who engages in the business of manufacturing and installing various machinery.

B. The Plaintiff manufactured and installed food waste treatment machinery (hereinafter “instant machinery”) within F from Defendant B, which was offered to the Plaintiff to calculate the daily wage of KRW 200,000,000,000 from April 16, 2018 to July 16, 2018.

C. In addition, around June 22, 2018, the Plaintiff and Defendant B directly procured parts necessary for the manufacture and installation of the instant machinery, and agreed to refund the said expenses from the said Defendant after completing the installation of the machinery. Around that time, the Plaintiff supplied the bending parts of the instant machinery with KRW 500,000,000.

After that, Defendant C, in return for the manufacture and installation of the instant machinery, in the amount of KRW 2 million on May 28, 2018, for the Plaintiff, the same year.

8. 10. 3130,000 won was deposited respectively.

E. On the other hand, around September 8, 2018, at around 11:15, the Plaintiff, as a matter of wage payment between Defendant B and Defendant B, fighting each other. During that process, Defendant B suffered bodily injury due to assault, such as plucking, plucking, etc. of the Plaintiff’s left hand hand, and caused the Plaintiff to suffer bodily injury, which requires approximately six weeks of medical treatment.

(hereinafter referred to as “instant injury”). 【No dispute exists, entry in Gap’s Evidence Nos. 1, 3, 4, 5, 6, and Eul’s Evidence Nos. 2 and 3, and the purport of the whole pleadings.

2. Summary of the parties’ assertion

A. The Plaintiff’s assertion 1 had been engaged in manufacturing and installing the instant machinery for 62 days in accordance with the wage payment agreement with the Defendants, and was subsequently paid in the process.

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