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(영문) 대전지방법원 논산지원 2017.04.27 2016가단3822

노임

Text

1. The Defendant shall pay to the Plaintiff KRW 45,270,000 and the interest rate of KRW 15% per annum from November 4, 2016 to the date of complete payment.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is running a human resources presentation business with the trade name called C Job Placement Service. 2) The Defendant was a corporation that runs a construction business, etc., and was awarded a contract from D for the Da Hong-gun Construction Business Complex E on the ground (hereinafter “instant New Construction Business”).

B. 1) The Defendant is a stock company F (hereinafter “F”).

(2) On March 1, 2016 to April 16, 2016, the Plaintiff supplied 262 members at the instant new construction site, but did not receive KRW 45,270,000, which is a part of the wage.

The letter of payment, from March 2016 to March 15, 2016, promises on April 15, 2016 that the Defendant shall be responsible for and pay for the Domination occurred at the job placement office C at the Defendant H New City site. (Signature)

C. On April 15, 2016, G of the Defendant’s on-site director prepared and delivered a letter of payment (Evidence A2) as follows to the Plaintiff.

[Ground of recognition] Facts without dispute, entry of Gap 1, 2, and 5 evidence, purport of the whole pleadings

2. Judgment on the main defense of this case

A. As to the gist of the defense, I, the actual operator of the C Job Placement Office, filed a lawsuit identical to the instant case against the Defendant under Daejeon District Court 2016Kadan1680, Daejeon District Court 2016. The instant lawsuit is unlawful as it constitutes a duplicate lawsuit.

B. On the other hand, even based on the Defendant’s argument, the instant case and the instant case 2016Kadan1680 are different, and the Defendant’s defense is without merit.

(In addition, the above case was withdrawn on December 17, 2016 and the pending lawsuit was terminated). 3. Determination on the merits

A. The plaintiff's assertion 1) The defendant is obligated to pay wages to the plaintiff in accordance with the letter of rejection of the payment in this case. 2) The defendant's summary of the defendant's assertion is the construction price to be paid to F.