Text
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. Basic facts
A. On December 23, 2016, C Co., Ltd. (hereinafter referred to as “C”) entered into a contract with D for the construction period of the structural part of the Yangcheon-gu Seoul Metropolitan E-type Urban Housing Construction Corporation (hereinafter “instant construction”) with respect to the structural part of the structural part of the structural part of the structural part of the C-type Urban Housing Construction Corporation (hereinafter “the instant construction work”). From December 31, 2016 to June 30, 2017, the construction cost was KRW 69 billion, and the F was added as a joint contractor on June 5, 2017, and paid the construction cost on July 25, 2017 to F.
B. On August 9, 2017, the Defendant filed a report on the change of the construction participant of the instant construction project from C to the Defendant.
C. Meanwhile, at the request of G, the Plaintiff supplied the daily workers at the construction site of this case from July 8, 2017 to August 11, 2017.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4 (including branch numbers for those with additional numbers), Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. The parties' assertion
A. On July 7, 2017, the Defendant asserted that the Plaintiff was detained, and the Defendant requested the Plaintiff to supply human resources at the instant construction site via H and G, which is an employee of the Defendant, to the Plaintiff. The Plaintiff was dispatched from July 8, 2017 to August 11, 2017, but did not receive KRW 604,000 won of human resources supply.
On October 25, 2017, the Plaintiff sought I, the Defendant’s director, urged the payment of the manpower supply price, and I agreed that I shall pay the price after verifying the data.
Therefore, the defendant is obliged to pay 6040,000 won to the plaintiff.
B. The defendant's assertion did not request the plaintiff to supply human resources or conclude a contract for the supply of human resources with the plaintiff.
3. The conclusion that the contract between the defendant and the F is naturally terminated, and the contract between the defendant and the F cannot be converted into the direct construction works of the defendant. H and G are the defendant's employees or representing the defendant.