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(영문) 광주지방법원 2020.10.16 2019나4355
손해배상금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is a company with the aim of electrical construction business, etc., and the Defendant, in the trade name of C, allowed D to carry on the product comprehensive brokerage business, the machinery removal business, etc. using the said business name.

B. D means the work of transporting from the Plaintiff, using the above business operator’s name on May 15, 2018, the weight of cirrating and printing teams among G works in the F factories of E Co., Ltd.

(hereinafter referred to as “instant work”) concluded a contract agreement (hereinafter referred to as “instant contract”) with a contract amount of KRW 10,000,000 (including value-added tax) as to the instant work.

C. On May 14, 2018, prior to the conclusion of the instant contract, D requested a business registration certificate, account number, telephone number, etc. from the Plaintiff’s employee, and notified C’s photograph, Defendant’s account number, and Defendant’s telephone number.

On May 15, 2018, the Plaintiff transferred KRW 5,000,000, which is a part of the instant contract amount, to the above account under the name of the Defendant after the conclusion of the instant contract.

D On May 22, 2018, while employing workers for the instant work and continuing to perform the instant work, the instant accident occurred that caused the damage of the pressure apparatus due to the error in the coconsation part of the voltage apparatus while transporting the transformer by using hand trucks.

(hereinafter “instant accident”) e.

After the instant accident, the Plaintiff continued to conduct an inspection and repair of the damage to the diversating machine through E Company, and paid a total of KRW 13,360,000 for repair costs, etc.

F. Meanwhile, the Plaintiff agreed on October 31, 2018 to pay the delayed wages to the said employees on the part of the Defendant’s employees in the course of investigating the case of delayed payment of wages, which was brought by the Defendant’s employees at the time of the instant work. Accordingly, on November 26, 2018 and December 27, 200, the sum of the wages in arrears to the said employees 3,300.

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