노임
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
purport.
Basic Facts
The Plaintiff is a business operator who operates a business, such as supplying human resources for daily use at the construction site under the trade name of “D” from the Suwon-si C and the second floor of Suwon-si.
On August 2016, the Plaintiff received from the Defendant a request from the Defendant to supply wooden books to the site of the instant extension work (hereinafter “instant extension work”).
Accordingly, from September 2016 to December 2016, the Plaintiff supplied the instant father’s seal at the construction site (hereinafter “the instant father”). Around that time, the Plaintiff filed a claim against the Defendant for totaling KRW 158,380,000 (hereinafter “the instant wage”) as wages of the instant father.
(A) The Defendant paid KRW 95,00,000 out of the instant wage to the Plaintiff between October 10, 2016 and December 13, 2016 (Evidence 2-1, 200), and around January 12, 2017, the Defendant written a confirmation document stating that “The amount shall not exceed 62,430,000 won, excluding the wage of KRW 950,000,000, out of the total amount of KRW 63,380,00,000, excluding the wage of KRW 950,000,000,000,” and issued it to the Plaintiff under the Defendant’s name.
(A) After March 7, 2017, the Defendant paid KRW 40,000,000 out of the instant wage to the Defendant.
【Ground of Recognition】 Evidence Nos. 1, 2-1, 2-2, and 3-1 through 8 of Evidence Nos. 1, 3-1, and 9, and the assertion of the purport of the whole pleadings, and the ground for claim for judgment, the Plaintiff asserted that the Plaintiff entered into a human resources supply contract with the Defendant, and accordingly, supplied the instant person to the Defendant, but did not receive KRW 22,430,000 out of the wage of this case from the Defendant.
Therefore, the defendant is obligated to pay to the plaintiff KRW 22,430,000 and damages for delay.
Defendant’s assertion is a daily allowance system at the construction site employed by G Co., Ltd. (hereinafter “G”), which is the contractor of the instant construction project.