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(영문) 수원지방법원여주지원 2020.10.20 2020가단1105

인건비

Text

The defendant shall pay 81,860,000 won to the plaintiff and 12% per annum from March 6, 2020 to the day of complete payment.

Reasons

The plaintiff of the parties to recognition is a person who operates human resources supply business under the trade name of "C".

The defendant is the actual owner of 2 bonds located in D in each city (hereinafter referred to as “instant house”).

E is a person awarded a contract from the Defendant for a new construction work of the instant house.

From April 14, 2019 to June 2, 2019, the Plaintiff supplied human resources to the site of the instant new housing construction project at the request of E.

On June 10, 2019, the defendant and E prepared a written agreement on the settlement of personnel expenses in arrears with the plaintiff on June 10, 2019 (hereinafter referred to as the "instant agreement"), and they provided that the plaintiff had the agreement on the settlement of personnel expenses in arrears with the following contents:

At the bottom of the instant agreement, the signature of the Defendant and E and the private person are written.

On-site: On-site D Work Period: from April 14, 2019 to June 2, 2019, the 8,1860,000 won in arrears is verified by the subcontractor E (debtor) and the Defendant’s direct payment of the above amount in arrears to C without any objection.

[Ground of recognition] In light of the above facts without dispute, Gap evidence Nos. 1 and 2, and the court below's determination as to the ground for claim as a whole, the defendant is obligated to pay the plaintiff with labor cost of 8,1860,000 won in arrears and damages for delay pursuant to the agreement of this case, unless there are special circumstances.

The summary of the Defendant’s argument regarding the Defendant’s assertion is that the instant agreement means that the Defendant would pay the Plaintiff’s labor cost obligation on behalf of the Plaintiff within the scope of the obligation for construction cost borne by the Defendant to E, and that the Defendant did not intend to accept from E the obligation for labor cost of KRW 8186,00,000 as is, as stated in

Judgment

The following facts are acknowledged, i.e., evidence and the purport of the whole pleading.