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(영문) 광주지방법원 2015.08.12 2014나9942

식대

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. On February 10, 2012, the Defendant was awarded a contract for the maintenance work of the sewage culvert from the Jeonnam-gun, Chungcheongnam-gun, with the construction period fixed from February 16, 2012 to December 30 of the same year.

(Then, the above construction period was changed by February 26, 2013). (B)

On March 20, 2012, the Defendant subcontracted to D Co., Ltd. (hereinafter referred to as “D”) the water supply and drainage works (hereinafter referred to as “instant construction works”) during the construction period from March 20, 2012 to December 20, 2012.

(As of December 31 of the same year, the construction period was changed by February 16, 2013). (C)

The Plaintiff operated a cafeteria with the trade name E in the south-gun G, and supplied food to the employees and the division of the instant construction site.

The defendant shall pay to the plaintiff KRW 1,884,00 on February 8, 2013, as the formula between January 2013, and the same year.

3. A total of KRW 29,334,400, including KRW 17,450,400, was paid.

[Ground of recognition] In the absence of dispute, Gap evidence Nos. 1, 8, 9, 11, Eul evidence Nos. 1 and 2, Eul evidence Nos. 1 and 2 (including serial numbers; hereinafter the same shall apply), the fact inquiry results in the court of first instance with respect to the Navy of the Navy of the court of first instance, the purport of the whole pleadings

2. The parties' assertion

A. Plaintiff 1) Employees and personnel at the instant construction site, who supplied food to the Plaintiff, were affiliated with D or belonged to the Defendant (D). Around January 22, 2013, when performing the instant construction, filed a civil petition following the overdue payment of wages, etc., and had temporarily suspended construction upon receiving an order to suspend construction from the Navy and the same year.

2. 7. Upon the termination of the foregoing order, D continued the construction, or the Defendant directly operated the construction through the employees and personnel of the Defendant.

(2) However, the Defendant guaranteed D’s food payment obligation, and thus, from October 2012 to July 2013, the Defendant is obligated to pay KRW 60,915,60,00 calculated by subtracting KRW 29,334,40,00 already paid from KRW 91,384,00 as stated in 1’s D.

B. The other party that the Plaintiff supplied food is not D, but D.