노무비
1. The plaintiff (appointed)'s claim is dismissed.
2. The costs of lawsuit shall be borne by the plaintiff (appointed party).
1. Basic facts
A. On September 4, 2018, the Defendant awarded a subcontract to H Co., Ltd. (hereinafter “H”) with respect to the unused and waterproof construction works among the J Corporation located in Dongdaemun-gu Seoul Metropolitan Government I (hereinafter “instant new construction works”) at KRW 386,320,00 (including value-added tax).
B. The Plaintiff (Appointed) and the appointed parties entered into a labor contract with H and did not work at the site of the new construction work in the instant case.
[Ground of recognition] Facts without dispute, entry of Eul evidence No. 1 and purport of whole pleadings
2. Determination on the cause of the claim
A. The gist of the Plaintiff (Appointed Party)’s assertion is that the Plaintiff (Appointed Party) and the designated parties provided labor upon entering into an employment relationship with H. However, since the Plaintiff and the designated parties omitted the part of the dance and the stairs-based construction work (hereinafter “instant construction work”) on the construction contract statement prepared between the Defendant and H, the Plaintiff agreed to receive direct labor cost from the Defendant, and then performed the instant construction work.
Therefore, the defendant is obligated to pay the labor cost stated in the purport of the claim to the plaintiff (appointed party) and the appointed party.
(b) Determination 1) Gap evidence 2 to 5 (including each number, if any; hereinafter the same shall apply)
According to the statement of the Plaintiff (Appointed Party) and the witness K’s testimony, the Plaintiff (Appointed Party) and the designated parties performed the instant construction work from September 12, 2018 to February 7, 2019, as well as the construction work from February 7, 2019. The instant construction work was omitted in the construction contract statement made between the Defendant and H, and the fact that the Defendant paid part of the meals incurred during the period of service to the restaurant operator by the Plaintiff (Appointed Party) and the designated parties. However, considering the following circumstances, the above facts of recognition or the statement of evidence No. 1 to No. 5 are alone stated.