추심금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The plaintiff's assertion: the defendant was awarded a subcontract for reinforced concrete construction work among the construction work of female B apartment units from the vice-permanent housing company, and the defendant was in charge of the management of E by giving C the position of "D".
Upon the Defendant’s request of “D”, the Plaintiff invested daily workers at the construction site of this case, and the said daily worker’s labor cost shall be paid preferentially to the Plaintiff’s daily workers, and pursuant to the agreement that the Defendant would receive the total daily labor cost from the Defendant at the end of the next month, the Plaintiff paid KRW 6,46,00 in subrogation of the Defendant for the daily worker. The Defendant paid only KRW 31,445,00 among them.
Since the defendant bears the apparent representation liability (Article 125 of the Civil Act), he shall pay the plaintiff the unpaid labor cost.
Defendant C is not an employee of the Defendant, and there is no fact that the power of representation has been granted.
2. In order to establish the liability of expression agency, C may be recognized as having entered into a human resources supply contract with the Plaintiff as the Defendant’s representative (or as the nominal borrower in the name lending responsibility). However, the evidence submitted by the Plaintiff alone is insufficient to recognize the fact that C has indicated as the Defendant’s representative at the time of the human resources supply contract, and there is no other evidence to acknowledge
Thus, the plaintiff's claim is dismissed as there is no ground.