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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. The Plaintiff asserted that, while operating “C” in the name of “B,” the Plaintiff supplied the Defendant with human resources regarding the Newly constructed E-D located in Daegu Northern-gu, Daegu, from May 6, 2015 to July 28, 2015 (hereinafter “instant construction”).
However, the Defendant did not pay KRW 14,130,000 out of its labor cost.
Even if the Plaintiff did not supply human resources to the Defendant regarding the instant construction work, but supplied human resources to F, the Defendant agreed to pay the Plaintiff labor cost of KRW 14,130,000 directly to the Plaintiff.
Even if the Plaintiff did not supply the human resources to the Defendant regarding the instant construction work, but supplied the human resources to F, the Plaintiff acquired the Defendant’s labor expense claim amounting to KRW 14,130,000 in sequence from F and B.
Therefore, the defendant is obliged to pay to the plaintiff the labor cost of KRW 14,130,000 and delay damages therefor.
2. Determination as to the cause of action
A. Considering the following circumstances that can be acknowledged by comprehensively taking into account the respective descriptions of the evidence Nos. 3 through 8, 14, and 17 (including paper numbers; hereinafter the same), and the testimony and the entire purport of the testimony and pleading of the witness F of the first instance trial, it is reasonable to deem that the person supplied human resources from “C” in relation to the instant construction work is not the Defendant, but the Defendant.
① The Defendant awarded a contract for the instant construction from the North-gu office, and subcontracted the parts of the instant construction work to F.
② A witnessF of the first instance trial testified that “A or B requested the Defendant to supply labor to “C” for the subcontracted construction work, but the Plaintiff testified that “A or the Plaintiff did not enter into a direct contract with the Defendant, or have consulted with the Defendant for the purpose of concluding a contract.”
③ The Defendant received labor from “G” in relation to the instant construction works from June 2015 to August 2015.
4. B “F” to the Defendant on October 16, 2015.