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(영문) 부산지방법원 2019.11.13 2019나644
용역비
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

Basic Facts

As a human resource dispatch company, the Plaintiff supplied human resources to the “electric construction works” among the new construction works of Busan Shipping Daegu E-dong Office (hereinafter “instant construction works”) and eight parcels subcontracted by the Defendant from the end of April 2018 to the end of May 2018 at the Defendant’s On-Site Director C’s request.

The Plaintiff from April 23, 2018 to electrical construction workers.

4. From May 1, 2018 to May 29, 2018, service charges of KRW 4,620,000 were paid for services costs of KRW 2,420,00,00.

(2) The Plaintiff is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum under the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from May 30, 2018 to August 6, 2018, the delivery date of a copy of the complaint of this case from May 30, 2018 to August 6, 2018, which is the delivery date of a copy of the complaint of this case, as well as 5% per annum under the Civil Act, and 15% per annum under the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

As to the defendant's argument that the judgment C is the debtor, the defendant argued that C had ordered C to re-subcontract the instant construction work, and that C is the debtor of the service cost of this case.

According to the overall purport of each of the statements and arguments and evidence Nos. 5, 6, 11, and 1-1 and 2 of the evidence Nos. 1 and 2, the Defendant, upon entering into an agreement with C around December 2016, suggesting that C is employed as the head of the construction site of the instant construction site upon entering into the agreement with C to support personnel service with C, and that C is called “the head of the Plaintiff’s site office” to the Plaintiff, and (3) employs electrical construction workers of the instant construction; and (4) on April 30, 2018 and May 31, 2018, respectively, to the Defendant, respectively.

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