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(영문) 서울남부지방법원 2015.07.15 2014가단54308
임금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. The Plaintiff asserted that, at the Defendant’s request, the Plaintiff introduced 287 human resources from May 2, 2014 to May 24, 2014, and paid 37,040,000 won as wage and transportation cost to them.

When concluding a human resources supply contract with the Plaintiff, the Defendant promised to pay the payment of the construction cost from the original company on behalf of the Plaintiff after the end of the day.

However, since the Defendant received the full payment of the construction cost, it is obligated to pay the Plaintiff KRW 37,040,000, including the above wage, and delay damages therefor.

It is not so.

Even if the plaintiff delivered the documents related to the provision of labor for the above period to the defendant, since the defendant did not submit the above documents to the head office and the plaintiff was not recognized as working expenses for the above period, the defendant shall be held liable for it.

2. Determination

A. According to Gap evidence Nos. 3-1 through 39, witness E's testimony, etc., the fact that the plaintiff supplied human resources to the site of this case at the defendant's request, and the fact that the defendant signed the field responsibility column for work confirmation, but it is not sufficient to recognize that the defendant agreed to pay wages, etc. to the party who entered into a labor supply contract with the plaintiff or the plaintiff, and there is no other evidence to acknowledge it otherwise.

Rather, according to the above evidence and evidence evidence Nos. 1, 2, 1, 2, and 3, the plaintiff supplied human resources at the construction site of this case that the plaintiff performed with subcontracting from the company (the state) and received wages, etc. from the company C (the state), and in the labor cost claim, "on-site name: New Construction of D. Corporation D. Corporation," and "the name of the company" in the statement of labor cost payment: C(N)/W.

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