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1. The Defendant’s KRW 34,838,712 as well as the Plaintiff’s KRW 5% per annum from November 22, 2014 to January 14, 2015.
Reasons
1. Basic facts
A. On January 15, 2013, the Defendant awarded a contract for the construction of a new urban-type residential house (hereinafter “instant construction”) to the Da in Busan Shipping Daegu D and E on the ground, and C employed the Plaintiff as the site manager at the instant construction site.
B. However, as C ceases construction due to a shortage of funds, the Defendant directly employed the Plaintiff to proceed with the construction work.
In relation to this, on July 31, 2013, the Defendant drafted a letter of payment stating that the Plaintiff will pay 50 million won, including 15 million won of direct construction cost, 5 million won of interior design cost, 30 million won of wages, and 50 million won of wages (5 million won of wages x 6 months) to the Plaintiff by dividing 25 million won until August 31, 2013, and 25 million won until September 30, 2013 (hereinafter “instant letter of payment”).
C. On October 30, 2014, the distribution schedule was prepared in the distribution procedure (F of the Busan District Court) for KRW 57,500,000 deposited by the Defendant as the deposit money for provisional seizure by the Defendant as the deposit money for provisional seizure, and on October 30, 2014, the distribution schedule was formulated as follows: (a) the Plaintiff as the wage obligee, and (b) the Plaintiff as the person holding the provisional seizure, who was a right to the provisional seizure
[Ground of recognition] Facts without dispute, Gap evidence 2, Gap evidence 9, Gap evidence 10, Gap evidence 12, Eul evidence 1-1 and Eul evidence 1-4, the purport of the whole pleadings
2. Determination on the cause of the claim
A. According to the above facts finding as to the claim for construction cost, the Defendant agreed to pay the Plaintiff the construction cost of KRW 20 million (direct construction cost of KRW 15 million, KRW 5 million design cost of interior design cost of KRW 5 million). As such, the Defendant is obligated to pay the Plaintiff KRW 20 million and delay damages therefrom.
B. The Plaintiff asserts that the Plaintiff worked at the instant construction site from February 1, 2013 to September 12, 2013, and that the Defendant had the amount calculated by deducting KRW 16,290,320, which the Plaintiff received in the said distribution procedure, from the amount of wages of KRW 37,50,000 during the said period.