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(영문) 대전지방법원논산지원 2017.08.10 2016가단2133

용역비

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 May 28, 2015, the Defendant awarded a contract for a new construction work of the ground C elementary school in Seocheon-gu, Seocheon-gu, Seocheon-si, Korea Land and Housing Corporation (hereinafter “fixed”) and subcontracted the construction work of reinforced concrete at the contract price of KRW 1.628 billion and the completion date on January 30, 2016.

Since then, the above contract amount was changed to KRW 1.87 billion, and the completion date was changed to March 31, 2016.

2. The Korea Land and Housing Corporation may pay subcontract consideration to a subcontractor within the scope of the amount of money that can be paid to the contractor.

4. The Korea Land and Housing Corporation may choose not to pay subcontract consideration directly to a subcontractor if the subcontractor requests the direct suspension of the subcontract consideration concerned, accompanied by documents evidencing that such subcontractor delays in paying wages, materials costs, etc. in connection with the subcontract;

B. On June 25, 2015, the Korea Land and Housing Corporation, the Defendant, and the prescribed terms and conditions enter into an agreement on direct payment of the subcontract price. The main contents are as follows.

C. On November 2015, the Plaintiff received a request from a policeman for the supply of daily workers at the instant construction site, and arranged and supplied daily workers from November 10, 2015 to April 8, 2016.

When a civil petition occurs, such as the farming nature of a worker at the construction site where wages have not been paid properly, the Korea Land and Housing Corporation did not pay the subcontract price as determined and the Korea Land and Housing Corporation took measures to pay the wages of the worker through the defendant.

On November 2015, the Defendant directly paid the Plaintiff KRW 26,889,270 as wage and KRW 43,54,360 as wage for December 2015, and KRW 70,43,630 as a total.

[Ground of recognition] Facts without dispute, Gap 1 through 3, 5, 6 evidence, Eul 1, 2, and 5 evidence (which include each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The primary description;