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(영문) 춘천지방법원강릉지원 2017.08.09 2016가단6800

인건비 등

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Determination on the claim for personnel expenses

A. The Plaintiff filed a claim with the Plaintiff, at the site of the construction work where the Defendant newly constructed two detached houses (hereinafter “instant housing”) in Gangwon-si, Gangwon-si (hereinafter “instant construction work”) (hereinafter “instant construction work”). From June 4, 2005 to May 20, 2006, the Plaintiff conducted field management, etc. (hereinafter “field management, etc.”).

The defendant did not comply with the above agreement while he agreed to allow the plaintiff to reside in one of the instant housing units, and therefore, he is obliged to pay 20,520,000 won to the plaintiff for personnel expenses.

B. 1) The Plaintiff’s assertion is based on the agreement between the Defendant and the Defendant to allow the Defendant to reside in one unit of the instant housing in return for on-site management, etc. at the construction site of this case (hereinafter “instant agreement”), as asserted by the Plaintiff.

The Plaintiff’s assertion itself is that the Plaintiff has the right to use one unit of the instant house against the Defendant, and even if the Defendant did not perform his/her duty under the instant agreement, there is no right to claim for personnel expenses, separate from whether the Plaintiff can claim for damages equivalent to the rent. The Plaintiff’s claim is rejected. 2) Even if the Plaintiff’s claim was concluded with the Plaintiff on the ground of the Defendant’s nonperformance of duty, and the Plaintiff’s claim was concluded to seek a return of unjust enrichment equivalent to personnel expenses, it is difficult to accept the Plaintiff’s assertion as follows. A) evidence No. 2, evidence No. 4, and evidence No. 11 (Evidence No. Serial), and evidence No. 4, and witness evidence No. 11 (Evidence No. Serial) were written at the time of commencement of the instant construction, and the Plaintiff decided to undertake construction in consultation with the Defendant at the time of commencement of the construction work. The Defendant completed the construction work at the construction site of this case and