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(영문) 수원지방법원 2020.08.27 2020나619

인건비

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1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The gist of the Plaintiff’s assertion is a person who has been engaged in construction work for housing complex formation project in Gwangju City. On April 2016, the Plaintiff and the Defendant requested construction work for planting and piling-up construction work among the above construction work (hereinafter “instant construction work”).

The Plaintiff seeking payment of KRW 15,070,000, which was unpaid out of the labor cost of the above construction works performed by the Plaintiff.

2. Although the Plaintiff’s cause of claim is somewhat unclear, the Plaintiff was awarded a contract for the instant construction from the Defendant, or was employed by the Plaintiff for the instant construction for the Defendant.

(Employment Claim) asserts to the effect that (Employment Claim).

First, it is difficult to accept the Plaintiff’s above assertion on the ground that the Plaintiff had conducted the instant construction work based on the contract, on the ground that the Plaintiff had to prove the existence of the agreement on the payment of the construction price and its amount, or there is no evidence to prove it.

(No evidence exists to prove that the Plaintiff paid the full amount of the personnel expenses incurred by the Plaintiff to the Defendant. Next, even if the Plaintiff acted on the part of the Defendant who was employed by the Defendant, it is difficult to accept the Plaintiff’s aforementioned assertion on the premise that there is no evidence to prove the employment relationship.

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.