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(영문) 수원지방법원 2017.04.27 2016나13519

식사대금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 2 to 4, and Eul evidence No. 1:

The Plaintiff operated the “D cafeteria” in the wife population C, and the Defendant, a construction business entity, operated the “E” and performed the said new construction work at the construction site for electric power resource housing located in the F F (hereinafter “instant construction site”) around 2015.

B. The Plaintiff provided meals to the employees working at the instant construction site from January 2015 to June 2015.

2. Summary of the parties' arguments;

A. The Plaintiff entered into an agreement with the head of the Plaintiff’s site, which provides meals to the persons of the instant construction site. The Defendant, regardless of whether the persons, etc. who received meals from the Plaintiff are the persons employed by the Defendant or the persons employed by the subcontractor, entered into an agreement with the head of the instant construction site to pay the relevant meal costs in lump sum at the end of each month

The Plaintiff provided meals to the persons of the instant construction site from January 2015 to June 2015 pursuant to the foregoing agreement. Since the Plaintiff did not receive a total of KRW 3,076,000 for meal expenses for May 2015 and June 2015, the Defendant is obligated to pay the Plaintiff the amount of the unpaid meal expenses of KRW 3,076,00 and damages for delay.

B. The Defendant’s 1,230,00 won out of 3,076,00 won for meal expenses for May 2015 and June 1, 2015 was not for meal expenses for the Defendant’s employees or for the employees of the subordinate company, but for meal expenses for the employees or the employees of the subordinate company. Thus, the Defendant is not obligated to pay the Plaintiff the meal expenses for the amount of KRW 1,230,000, which is provided to the employees or the employees of the subordinate company.

In addition, according to the statement of the work log prepared by the defendant, the defendant's unpaid meal costs are KRW 900,000.