구상금
1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.
1. Facts of recognition;
A. The Plaintiff is an individual entrepreneur who is operating a job placement office in the name of “D” in the Hadong-gun, Hanam-gun, and the Defendant is a company operating the “F” located in the Hadong-gun, Hanam-gun.
B. On November 29, 2015, the Plaintiff introduced daily workers at the instant resort repair work site (hereinafter “instant construction site”) at the Defendant’s request, and the Plaintiff and the Defendant agreed to calculate the personnel expenses of the said workers as a daily allowance and pay them first to the workers, if the Plaintiff first pays them to the workers, then the Defendant settled the said personnel expenses and the additional dues thereto (hereinafter “instant agreement”).
C. From November 29, 2015, the Plaintiff introduced workers at the instant construction site in accordance with the agreement, and paid them to the workers on a daily basis. From November 24, 2015 to December 18, 2015, the Defendant paid to the Plaintiff KRW 4,554,000, totaling the labor cost of the workers employed at the instant construction site and the additional tax to the Plaintiff from November 29, 2015.
【Fact-finding, Gap's entries in Gap's evidence 3, 4, 5, 7, 14 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings
2. The parties' assertion and judgment
A. The Plaintiff’s assertion 1) at the Defendant’s request, introduced workers at the instant construction site from November 29, 2015 to January 29, 2016, and paid the relevant personnel expenses. Therefore, the Defendant, according to the instant agreement, did not pay the Plaintiff the personnel expenses and additional tax for the employees who worked at the instant construction site from December 19, 2015 to January 29, 2016. (2) Defendant did not request the Plaintiff to provide the Plaintiff with human resources placement from December 19, 2015 to January 29, 2016. (3) Defendant did not pay the Plaintiff KRW 4,378,000 in total, and the additional tax on the personnel expenses of the employees who worked at the instant construction site from December 19, 2015 to January 29, 2016.