손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts may be found in the absence of dispute, or the whole purport of the pleadings in each entry of Gap evidence 1 to 6, evidence 7-1 to 9, evidence 11 to 15, evidence 19-1 and evidence 20-5:
The plaintiff is a corporation that operates civil engineering, construction, water supply, electricity, heating construction business, etc. in Ansan-gu, Ansan-si, and the defendant is a person who works as C of the echeon-gu, Gyeonggi-do, Seoul District Office of Education for the improvement of the ebb middle school deterioration room (hereinafter "the construction of this case").
B. On July 31, 2012, the Plaintiff entered into a contract with a non-exclusive construction company (hereinafter “non-exclusive construction”).
383,838,730 won (including value-added tax; hereinafter the same shall apply) of the subcontract consideration for the project in this case contracted by the office of education and training in Gyeonggi-do.
() From July 2012 to September 23, 2012, the period of construction was determined and subcontracted in a lump sum as of September 23, 2012. However, since a lump sum subcontract is not allowed under the current law, the Plaintiff had a non-exclusive construction contractor perform the instant construction project under the name of the Plaintiff, and employed the Defendant who was an employee of the non-exclusive construction as a temporary employee during the instant construction period, and had him work as C of the instant construction project.
3) After that, the Defendant selected goods suppliers and subcontractors and performed the instant construction work in accordance with the direction of the vision construction. The Plaintiff paid 84,791,90 won as advance payment, and 38,695,000 won as advance payment, and 40,134,000 won as progress payment on September 26, 2012, and 13,56,340 won as progress payment on October 16, 2012, and 13,56,340 won as progress payment on October 16, 2012, and 134,534,403 won as progress payment on November 7, 2012.
1) D (E) supplied sprinkling, transformation, etc. at the site of the instant construction site, but the D (E) supplied them.