beta
(영문) 서울중앙지방법원 2018.06.19 2016나52745

공사대금

Text

1. Of the judgment of the court of first instance, the part against the defendant against the plaintiff E shall be revoked, and the above part shall be revoked by the plaintiff E.

Reasons

1. The Defendant, on March 26, 2014, did not shift the original text of the contract to which the following terms of the contract with H and N (hereinafter “instant contract”) and stated the major parts as reduced.

(2) If the Defendant ordered H and N to undertake the construction of the G convenience store interior work from F, 5% of the amount excluding value-added tax, out of the construction cost paid by H and N as a monthly unit from H and N’s performance, the remainder 95% of the amount remaining after H and N’s actual performance of construction work and the construction cost, etc. are subcontracted to the Defendant’s name within its scope, and H and N’s own profits, and H paid construction cost, etc. within five days from the date of receiving the construction cost from H and N’s payment from H and N’s account as the Defendant’s employee, and H withdraw from the above contract. The instant contract was effective only between the Defendant and H, and H had the Defendant’s employee from April 1, 2014 to March 10, 2015 under the said contract, while the Defendant was working as the Defendant’s employee from F’s employee, and the Defendant was contracted with H and N.

H subcontracted the removal of the interior works to Plaintiff A, who operates metal construction business in the name of “I” and “J”, to Plaintiff B, who operates the tegrative fishery business in the name of “I”, with the name of “W” and “K” during the tegrative works, to Plaintiff C, who operates the tegrative industry in the name of “K” and “L”, respectively.

H submitted a written estimate to the Defendant F in the name of the Defendant as the employee of the Defendant, and confirmed the construction amount in the said Company, as the site manager of each interior work site, instructed the subcontractor to perform the work and managed the construction work.

H The subcontractor shall confirm the details of the subcontracted project and prepare it in the name of the defendant on a monthly basis, if the subcontractor requests the payment of the construction cost.