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Reasons
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(영문) 광주지방법원 2016.04.29 2015나9093
인건비 등
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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On September 25, 2013, the Defendant contracted for construction of rice processing plants and installation of storage facilities (hereinafter “instant construction”) from the continental of an agricultural partnership (hereinafter “alternative landing”), and drafted a subcontract agreement with C Co., Ltd. (hereinafter “C”) that was co-defendants of the first instance trial on October 4, 2013 and C that subcontracted the construction of structures and automatic control facilities during the instant construction to C.

(hereinafter “instant subcontract”). (b)

However, in the process of receiving a contract for the instant construction from the continental, the Defendant granted the right of representation to D as an employee of C.

C. In addition, the Defendant paid C the subcontract price in accordance with the instant subcontract, and C performed the said construction work in accordance with the instant subcontract.

Meanwhile, from November 2013 to February 2014, the Plaintiff carried out part of the construction works stipulated in the instant subcontract, and C paid KRW 51,350,000 to the Plaintiff on November 25, 2013 in relation to the instant subcontract, including the payment of KRW 500,000 to the Plaintiff on January 29, 2014 as indicated below, and paid KRW 2,00,000 to E on February 24, 2014, as listed in the following table: (a) paid KRW 21,050,000 to E, F, and G by 21,000 for the said period; and (b) paid KRW 51,350,000 during the said period.

On November 25, 2013, Plaintiff 50,000, 3,000, 3,000, 3,000 on November 26, 2013, and 3,000 on December 26, 2013, Plaintiff 3,00,00, 10,000 on December 27, 200, 10,000 on December 27, 200, and 10,000,00 on December 10, 205, 6, 00 through 0,000 on December 31, 2013 (20,00,000,007, KRW 6,30,000 on January 29, 201, G 300,308; 10,000 on May 30, 204, 2014;

E. The Plaintiff goes against D on July 4, 2014.

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