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(영문) 의정부지방법원고양지원 2015.05.13 2014가단42595
공사대금 등
Text

1. The defendant shall pay 3,49,000 won to the plaintiff and 20% per annum from January 6, 2015 to the day of complete payment.

Reasons

1. In full view of the evidence evidence Nos. 1 and 1 evidence No. 1 and the purport of the entire pleadings, the fact that the Plaintiff, who operates human resources supply service business, was supplied with human resources worth KRW 66,859,000 for the total price from February 2, 2013 to January 2014, where the Defendant was entering into a subcontract for the construction of reinforced concrete from a new public corporation (hereinafter “instant construction”).

2. The plaintiff's assertion that the plaintiff supplied human resources at the request of the defendant, and thus, the defendant is obligated to pay the human resources to the plaintiff. The defendant requested that the plaintiff supply human resources from August 2013 to July 2013, the plaintiff, who entered into the subcontract with the defendant with the defendant, requested that the plaintiff supply human resources. The defendant paid the price in full to D and the price for human resources from August 2013 to the plaintiff is all paid to the plaintiff. Thus, the defendant did not have any obligation to pay the human resources to the plaintiff.

3. In full view of the purport of the argument in Gap evidence Nos. 1 through 4, and 7 through 9, the defendant received a tax invoice from the plaintiff on February 28, 2013 and paid part of the human resources to the plaintiff on April 5, 2013, and the order-holder demanded the plaintiff to be liable for the human resources cost that the plaintiff did not receive. As to the human resources cost that the plaintiff did not receive, on June 14, 2013, the defendant prepared a repayment statement stating the future plan for the payment of human resources and received a written statement from the plaintiff on August 1, 2013 that he/she would not find the order-holder if he/she were to comply with the obligation to pay human resources from the plaintiff on August 1, 2013, "12 months (2013 years)" prepared by the defendant's accounting department, and the amount to be paid to the plaintiff as of December 31, 2013 to the plaintiff on December 31, 2013.

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