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(영문) 인천지방법원 2016.05.25 2015가단39745

노무비

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On July 4, 2014, the Defendant concluded a subcontract with the Incheon Southern-gu Office for the construction of B, and with the construction cost of KRW 148,731,00 (including surtax) and the construction period from July 7, 2014 to October 7, 201 of the same year.

B. Construction Co., Ltd. suspended the above construction among the above reinforced concrete construction works, and the Defendant entered into a subcontract on October 1, 2014 with respect to the remaining parts of the C and reinforced concrete construction works at KRW 50,000,000.

C. The Plaintiff entered into a labor contract with C, and provided labor from October 2014 to November 201 of the same year.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 1 through 3 and 8 through 10, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiff alleged that the defendant promised to pay the labor cost directly to the plaintiff. However, the witness D's testimony to the effect that the defendant knew that he promised to pay the labor cost directly to the plaintiff is insufficient to recognize it, and there is no other evidence to acknowledge it. Thus, the above assertion is without merit.

B. The Plaintiff asserts that the direct labor contract was concluded between the Plaintiff and the Defendant. However, as seen earlier, the Plaintiff provided labor only after concluding the labor contract with C, and there is no evidence to acknowledge that the direct labor contract was concluded between the Plaintiff and the Defendant. Therefore, the said assertion is without merit.

3. It is so decided as per Disposition by the assent of all participating Justices on the bench, since the plaintiff's claim of this case in this case can be seen as a mother or without merit.