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(영문) 수원지방법원 2018.03.23 2017가단5576
노임
Text

1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 36,327,00 as well as to the Plaintiff from December 1, 2016 to March 23, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person engaged in the human resources brokerage business that supplies human resources to the construction site under the trade name of “D”, and the Defendant Company is a company engaged in the comprehensive construction business.

B. Around July 5, 2016, Defendant Co., Ltd entered into a subcontract with Defendant C on KRW 105,000,000 for C’s structural construction of a detached house on the ground (hereinafter “instant construction”).

C. Around August 25, 2016, the Plaintiff prepared an agreement on workers supply and union rental agreement with the Defendant C, which entered as the field agent of the Defendant Company, to supply the seal to the Defendant C and the instant construction site, and the Plaintiff paid the daily wage at a daily rate, that the Defendant Company shall settle the wage at the end of each month and pay the Plaintiff the wage at the

(hereinafter “instant agreement”). D.

The Plaintiff supplied the seal to the construction site of this case from August 23, 2016 to November 5, 2016, and paid the figures a total of 65,367,000 won on the day of the work.

E. Defendant C paid to the Plaintiff KRW 9,040,000, around September 13, 2016, and KRW 20,000,000, around October 14, 2016.

[Ground of recognition] without any dispute, entry of Gap's 1 through 4, 6 through 8, Eul's 1, 7, 10, 12 (including each number; hereinafter the same shall apply), part of defendant C's personal examination result, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s primary claim is, without notifying the Defendant C as the subcontractor of the Defendant Company, the Defendant Company was aware of the fact that it was a party to the instant agreement and concluded the agreement, and supplied the Plaintiff’s seal to the instant construction site, and the Defendant Company reported the details of the work of the Plaintiff’s husband and provided the employees with the direction at the site, and was acting as the employer of the actual employment contract.

Even if there was no legitimate power of attorney to conclude the instant agreement with Defendant C, the Defendant C is the Defendant Company.

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