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(영문) 인천지방법원 2016.12.14 2016가단235403
노임
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. The Plaintiff asserted that the Plaintiff was awarded a subcontract for reinforced concrete construction work from the Defendant who was awarded a contract for the construction of the Young-gun building B from the Non-Party Agricultural and Fishing Villages to the Defendant on March 2016. The Plaintiff mobilized workers under the Plaintiff’s control and completed the said work from March 14, 2016 to May 12, 2016, and the wage accrued during the said period was KRW 84,168,558, but the Defendant paid only KRW 45,64,272 among them, and thus, the Defendant sought payment of the remaining KRW 38,524,286 to the Defendant.

B. The defendant's assertion that there was no subcontract for the work of reinforced concrete with the plaintiff and the non-party C, and there was only a fact that the labor cost for the structural construction was paid to the non-party C, and the direct payment of the money to the plaintiff is only one of the workers mobilized by the plaintiff C, and it is merely a direct payment of the labor cost under

2. The plaintiff's claim of this case is based on the premise that the plaintiff entered into a subcontract on reinforced concrete work directly with the defendant, and that the plaintiff's labor cost incurred after completing work by mobilization of other workers is KRW 84,168,558. However, it is not sufficient to recognize the conclusion of the subcontract between the plaintiff and the defendant and the above amount of labor cost, and there is no other evidence to acknowledge it otherwise.

3. If so, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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