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(영문) 서울중앙지방법원 2017.08.17 2017나1409
노임 등
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Judgment on the plaintiff's claim

A. A) Around May 28, 2015, the Defendant was awarded a subcontract for lighting, design, and waterproof construction works among the construction works of the Seocho-gu, Suwon-gu, which was awarded a contract for Mnono integrated construction from Mnono Integrated Construction Co., Ltd. (hereinafter “Mano Integrated Construction”).

B) The Plaintiff is obligated to receive KRW 300,000 per day from the Defendant, and the part of the instant unclaimed construction from August 1, 2015 to October 31, 2015 (hereinafter “instant unclaimed construction”).

(C) As the head of the team, the Plaintiff was unable to receive 2.4 million won (=300,000 won x 8 days) of wages for September 8, 2015, and 3.3 million won of wages for October 11, 2015 (=300,000 won x 11 days) from the Defendant as the sum of 5.7 million won (=300,000 won x 301 days) of the wages.

[Reasons for Recognition] According to the above fact-finding, Gap evidence 1-1-3, and the purport of the whole pleadings 2) determination as to the claim for the payment of wages, the defendant is obligated to pay to the plaintiff the total amount of the above unpaid wages related to the Corporation in this case and damages for delay, unless there are special circumstances.

B) The Plaintiff’s determination on the portion of the claim for the food amount related to the unclaimed construction of the instant case is with merit in this part of the Plaintiff’s assertion, inasmuch as there is no evidence to support the Plaintiff’s assertion that the Plaintiff had paid KRW 1,213,00 from the Defendant for the period of the unclaimed construction of the instant unclaimed construction, by asserting that the Plaintiff was paid KRW 1,213,000 for the food amount of the unclaimed construction of the instant unclaimed construction period. However, the Plaintiff’s assertion is without merit. (B) The Defendant’s assertion on the Defendant’s assertion that the aforementioned new construction of the instant unclaimed construction was subcontracted from Mnono comprehensive construction to KRW 115,00,00,000.

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