(영문) 창원지방법원 2021.01.14 2019나63376

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(영문) 창원지방법원 2021.01.14 2019나63376

공사대금

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1. The plaintiff's appeal is dismissed.

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

The purport of the claim and the appeal.

Reasons

1. Basic facts

A. A. Around March 2013, the tree tree Plaintiff was commissioned by the Defendant to perform a wooden work of constructing three Korean-style Korean-style houses located in Ansan-si, the Defendant (hereinafter “instant construction”) and he was working together with his ordinary sense.

After introducing D et al. to the Defendant, the Defendant participated in the instant construction and carried out wood farming work (hereinafter “instant contract”). B. Around July 30, 2013, the Defendant delegated E with the payment of wages, etc. for the Plaintiff, etc. to E and demanded E to transfer a total of KRW 34,602,960 from August 9, 2013 to December 12, 2013, and transferred KRW 152,596,370 to the Plaintiff over nine times from April 8, 2013 to October 24, 2016.

【Unsatisfied Facts, Gap evidence Nos. 4, 6 through 9, and Eul evidence Nos. 32 (in the case of evidence with a satisfient number, including the number without any separate indication)

Each entry, witness D's testimony, the F organization of this Court, and the result of each submission of financial transaction information to the office in South and North Korea, and the purport of the entire discussion.

2. The assertion and judgment

A. The Plaintiff asserted 1) around March 2013, 2013, the Plaintiff concluded the instant contract with the Defendant, and agreed to receive daily allowances from the Defendant for the number of days of the instant construction work. If it is necessary to do so, the Plaintiff used the Plaintiff’s cranes and agreed to receive the fees by adding them to the wages.

2) The Plaintiff, from May 2013 to July 2015, intended to receive KRW 2,30,000 per day wage for wooden operations. Since the Plaintiff promised to receive KRW 2,00,000 per day from September 2015 to December 2016, the lower-ranking wage that the Plaintiff is obligated to receive from the Defendant is as follows: (a) the lower-ranking wage that the Plaintiff is obligated to receive from the Defendant is 136,840,00 won; and (b) the total amount is 136,840,000 won.

The number of working days of the set-off period is 1.5.5 to July 3884.

유사 판례

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