인건비
The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
purport.
1. Determination as to the cause of claim
A. According to the evidence evidence No. 2, evidence No. 1, and evidence No. 1 and the purport of the entire pleadings, it is recognized that the Defendant entered into a contract with D Co., Ltd. to build the fourth floor neighborhood living facilities and detached houses on the ground of March 10, 2018 and requested the construction of a new building (hereinafter “instant construction”). The Plaintiff entered into a contract with D Co., Ltd. while operating a human resources supplier with a trade name “E” and supplied human resources at the construction site of the instant case; the Defendant entered into a contract with D Co., Ltd. and supplied human resources at the instant construction site on January 30, 2019; and the Defendant issued a letter of payment that “I will pay the said amount at the time of the settlement of new building at the time of settlement of the said amount.”
Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 14,660,00 as agreed in the letter of payment on January 30, 2019, and the damages for delay calculated by the ratio of 6% per annum under the Commercial Act from May 18, 2019, which is the day following the delivery date of the original copy of the instant payment order, to November 26, 2019, which is the date when the Defendant rendered the first instance judgment, to the day when November 26, 2019, which is the date when the original copy of the instant payment order was served.
B. As to this, the Plaintiff asserts that since the Defendant agreed to pay directly to the Plaintiff the labor cost after the preparation of the above payment note, the wages after January 30, 2019 should also be substituted.
However, there is no evidence to acknowledge that the Plaintiff agreed to pay directly to the Defendant the wages after the preparation of the above payment note, and thus, the Plaintiff’s claim beyond the scope of recognition mentioned above is without merit.
2. The plaintiff's claim is justified within the scope of the above recognition, and the remaining claims shall be dismissed without merit. Since the judgment of the court of first instance is just in conclusion, the plaintiff's appeal is dismissed. It is so ordered as per Disposition.