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(영문) 서울남부지방법원 2019.11.21 2019가단227903

공탁금 출급청구권 확인

Text

1. On March 20, 2019, E deposited by Seoul Central District Court No. 2019No. 6768, the amount of KRW 52,44,350.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person operating a job placement office under the trade name of “F,” and the Defendants are a stock company with the aim of mediating construction human resources’ occupation.

The Plaintiff and the Defendants supplied daily workers to the subcontractor at the construction site of the subcontractor and lent daily allowances to the subcontractor company (hereinafter referred to as the “payment”) to pay daily wages to the daily workers, and then have settled the payment of substitute payment and introduction fees from the construction cost that the subcontractor company received from the construction company at the end of each month.

B. The Plaintiff supplied human resources for the field dismantling of the G Construction Corporation, Kimpo-si H Urban Development Project, etc., and for the adjustment of materials, in which E subcontracted.

C. The Plaintiff paid a substitute payment to E through the employee I, but I partly misappropriated this.

Accordingly, the employees J of Defendant B, upon I’s request, did so as to be the Plaintiff’s employee, and on behalf of I, paid 6,019,000 won in total from November 6, 2018 to December 15, 2018 to E with Defendant B’s funds, and 106,709,000 won in total from E’s employees K.

I agreed with the J to return the advance payment to the corporation B through the J in receipt of the payment of the work price from E or the construction company.

On February 19, 2019, I paid KRW 40,000 to Defendant B Co., Ltd.

E paid 75,475,460 won in total to the Plaintiff on November 1, 2018, 30 of the same month, and 3 December 1, 2012 of the same year, from the construction company’s construction price received from the construction company, as the refund and introduction fee for advances.

E. On March 20, 2019, E deposited KRW 52,44,350, as Seoul Central District Court 2019Da6768, as the deposited party or Defendant B or Defendant D Co., Ltd. (hereinafter “instant deposit”).

Otherwise, January 1, 2019