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(영문) 서울남부지방법원 2018.10.24 2018가단209953

공사대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion and judgment

A. The Plaintiff asserted that the Defendant received a blanket contract for the new construction of the window C from the Daewon Public Co., Ltd., and subcontracted the Plaintiff wage contract in the form of a wage contract from July 2016 to September 2016. The Plaintiff did not receive the payment of the construction price per wage of KRW 38,340,00, even though the Plaintiff employed the human body and performed construction work at the above site. Thus, the Defendant, a lump sum subcontractor, is liable to pay the unpaid construction price and damages for delay to the Plaintiff.

B. The judgment-based new construction project ordered by Hyundai Construction and the fact that the public corporation is the contractor is no dispute between the parties.

However, there is no direct evidence to acknowledge whether the Defendant received the said new construction work as a lump sum subcontract from the above public corporation and received the said new construction work as a sub-subcontract to the Plaintiff, and instead, in full view of the evidence and the purport of the whole pleadings submitted by the Plaintiff, the introduction of the Defendant representative director merely appears to have participated in the said construction work and received wages from the said public corporation as a direct work order and received no wages any longer due to the bankruptcy of the public corporation, and thus, the Defendant received the said construction work as a lump sum subcontract from the public corporation as alleged by the Plaintiff.

It is difficult to deem that a labor contract was concluded between the Plaintiff and the Defendant.

Therefore, we cannot accept the plaintiff's claim based on the premise that the plaintiff and the defendant have a subcontract.

2. The plaintiff's claim of this case is dismissed as it is without merit.