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(영문) 울산지방법원 2021.01.22 2020가단111948
용역비
Text

The plaintiff (the appointed party, the counterclaim defendant)'s primary and preliminary principal claim, and the defendant (the counterclaim plaintiff)'s counterclaim.

Reasons

The following shall be deemed together with the principal lawsuit and counterclaim.

Basic Facts

A. On April 2019, the Defendant introduced the Plaintiff through F, a company providing human resources, and received a recommendation from the Plaintiff, and the Plaintiff left the steel frame and the board construction among the construction of new housing on the land of Busan, Busan (hereinafter “instant construction”).

B. From May 4, 2019 to July 27, 2019, the Plaintiff entered the instant construction project with the sperm.

(c)

The Defendant paid 12.9 million won to the Plaintiff from April 30, 2019 to August 11, 2019.

[Ground of recognition] Unsatisfy, entry of evidence Nos. 1 and 6, the purport of the whole pleadings

2. The parties' assertion

A. Plaintiff 1) The Plaintiff received KRW 300,000,000 for the designated parties C, KRW 200,000 for the designated parties D, and KRW 170,000 for each of them. The instant construction was employed by each of the Defendant, and the Defendant agreed that the cost of meals and expendable items necessary for the instant construction is borne by the Defendant.

The plaintiff and the sperm work as shown in the attached Table 1, and during that period, wages reach a total of 1,8950,000 won (Plaintiff 7.5 million won, c.8 million won, d 3.910,000 won, e. 3740,000 won, e.7.40,000 won).

In addition, while performing the instant construction, the Plaintiff first paid KRW 4,151,120 of the purchase price, such as attached Table 2 re-consumable 679,000 in attached Table 2 and the re-consumable 3 attached Table 3.

However, the defendant paid 12.9 million won to the plaintiff as wages, and if the defendant preferentially appropriated the above money to repay the purchase price, such as food expenses and expendable goods, the defendant does not pay 4,500,120 won to the plaintiff among wages, 2.6 million won to the selected person C, 2.6 million won to the selected person D, 2.720,000 won to the selected person E.

Therefore, the defendant is primarily liable to pay the above unpaid wages to the plaintiff and the sperm and is obligated to pay the plaintiff the above unpaid wages in total 10,880,120.

2) Each defect alleged by the Defendant is not the part of design construction or the Plaintiff’s construction, and the Plaintiff’s construction work.

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