임금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. From June 27, 2017 to September 20, 2017, the Plaintiff asserted that the Plaintiff leased the construction materials indicated in the attached list (hereinafter “instant construction materials”) to D Co., Ltd. or the Defendant, the Defendant contractor, with respect to the construction works for civil engineering works (local autonomy centers, bathing rooms, auditoriums, and auditoriums; hereinafter “instant construction works”) undertaken by the Defendant, and supplied hardware.
In addition, it provides labor under employment by the defendant.
As above, the Defendant directly traded with the Plaintiff, and is also the original agency of the instant construction work, and thus, the Plaintiff should pay the Plaintiff the building material rental fee, the steel product sales fee, and the wage.
Specific construction material rental fees of this case are money in proportion to KRW 24,315,902 and KRW 31,565 per day from November 1, 2017 to the date of returning the construction material of this case. The prices for steel products are KRW 10,384,500, and wages are KRW 2,300,000.
Nevertheless, the Defendant paid only KRW 10,000,400 to the Plaintiff, and the remainder amount of KRW 24,315,902 to KRW 10,384,500 to KRW 2,300 to KRW 10,300 to KRW 10,000,000 to KRW 10,000,00 to the return date of the construction material in this case, and the delay damages therefor, and the delay damages thereof, shall be paid in proportion to KRW 31,565 to KRW 31,565 to the return date of the construction material in this case.
2. Determination
A. It is insufficient to recognize the fact that the Plaintiff provided labor by being employed by the Defendant or its contractor to D Co., Ltd. only on the basis of the written evidence Nos. 1 through 12 (including the number of branch numbers; hereinafter the same shall apply) of the judgment on the part of the claim for wages.
There is no evidence to prove otherwise.
B. We examine whether the Defendant directly traded with the Plaintiff as to the remainder of the claim for payment, excluding wages.
The written evidence Nos. 1 through 12 alone is insufficient to recognize the fact that the Plaintiff directly lent the instant construction material to the Defendant or supplied hardware as alleged by the Plaintiff.
otherwise admitted evidence.