(영문) 수원지방법원평택지원 2019.11.06 2019가단53561

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(영문) 수원지방법원평택지원 2019.11.06 2019가단53561

기타(금전)

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, a person operating a job placement service with the trade name “C”, was requested by the Defendant to supply human resources at the construction site, and supplied human resources, such as tree trees. Since the Defendant did not pay only part of the wages up to the present day and pay the remainder of 36,077,630 won, the Plaintiff is obligated to pay the said money and damages for delay

B. On March 201, 201, Defendant D Co., Ltd. contracted the instant construction work to E Co., Ltd. (hereinafter “E”), and E re-subcontracted the instant construction work to F Co., Ltd. (hereinafter “F”).

The Defendant was a worker working as the head of the steel team of F Co., Ltd. (hereinafter “F”), and only introduced the Plaintiff to F by introducing and changing the number of employees to be supplied to the Defendant at the instant construction site to the extent of the insufficient number of employees, and there was no fact that the Defendant entered into a contract for the supply of human resources with the Plaintiff.

Therefore, the defendant is not liable to pay wages to the plaintiff.

2. According to each of the evidence Nos. 7 and 8, the court below found that the defendant requested the plaintiff to supply human resources to work at the construction site, such as wood trees, but according to each of the evidence Nos. 1 through 7 (including the number in case of each number), the defendant paid a direct wage to the remaining workers at the construction site, including the plaintiff, and the defendant filed a lawsuit against F with the plaintiff at the construction site of this case to seek overdue wages under the Suwon District Court 2015No4316 with the remaining workers at the construction site of this case, including the plaintiff, and the above court rendered a non-appeal judgment accepting the claim on April 7, 2016, and the judgment became final and conclusive on April 29, 2016, since it was not appealed by F, and thus, it was concluded that the human resources supply contract was concluded with the plaintiff and the defendant orally.

or the defendant's wages.

유사 판례

-대전지방법원 2016.12.02 2015나3677

-서울북부지방법원 2016.05.31 2015나6218

-청주지방법원충주지원 2014.07.17 2013가단6929

-서울동부지방법원 2020.08.13 2019가단152297

-창원지방법원 2018.10.12 2018나50090