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(영문) 대전지방법원 2016.05.11 2015가단4419
노무비
Text

1. The Defendant’s KRW 21,937,50 for the Plaintiff and KRW 5% per annum from January 13, 2015 to May 11, 2016.

Reasons

1. Basic facts

A. On December 18, 2013, the Defendant awarded a contract for the construction cost of KRW 2.5 billion for the construction cost and December 20, 2014 for the construction period from December 20, 2013 to the Suwon Comprehensive Construction Co., Ltd. (hereinafter “dial Construction”).

B. On December 16, 2013, salary construction subcontracted to E 102 aggregate construction (including wood trees, steel bars, labor costs, and auxiliary materials) of the said new construction at KRW 289 million.

C. The Plaintiff operated a job placement office with the trade name of F, supplied E with human resources necessary for the pelpel works.

On the other hand, when E could not pay daily allowances to the parts directly employed by E, the Plaintiff and E paid daily allowances to those parts directly employed by E in preference to the Plaintiff, and then settled the said subrogated payment along with daily allowances to those parts supplied by the Plaintiff to E.

Meanwhile, while the construction of the said new construction was being carried out, the creditors were unable to carry out the construction by provisional seizure as to the claim for construction price against the defendant, and since the end of February 2014, G Co., Ltd (hereinafter “G”) started to carry out the construction of the said new construction in lieu of the construction of the salary class in lieu of the construction of the salary class.

E. After that, due to the reasons that E could not properly pay personnel expenses and material costs for human beings and material suppliers, it was impossible to properly carry out the relevant framework construction.

Accordingly, the defendant H, E, and G company's site director confirmed the honor of E and the balance of the construction cost, the unsettlement personnel expenses and material cost to the plaintiff et al., and prepared the settlement statement.

On August 14, 2014, based on the above settlement statement, the Plaintiff prepared a certificate No. 4-1 (written confirmation) with respect to the unpaid personnel expenses, etc. for the Plaintiff, E, based on the above settlement statement, and E, on the same day, prepared the evidence No. 4 (j) with the following content to the Plaintiff:

- Certificate - D. D. in J.

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