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(영문) 서울남부지방법원 2019.07.23 2019가단211199
공사대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The plaintiff is a company that operates the business of arranging the jobs of the construction manpower, which is engaged in the business of arranging the number of workers employed at the construction site of the subcontractor, supplying the number of workers employed at the construction site of the subcontractor, and after paying the wages by paying the substitute payments and the substitute payments. The defendant is an individual contractor who employs the human resources by receiving a subcontract for the work site dismantling and the adjustment of materials from the construction company.

B. The Defendant was awarded a subcontract for the field dismantling of the C-Newly constructed site, the D-district urban development project site, etc. and for the arrangement of materials, and received wages from E-companyF, which engages in the construction manpower placement business in the same way as the Plaintiff.

C. From November 6, 2018 to December 15, 2018, the Plaintiff transferred KRW 66,019,000 to the Defendant as wages by subrogation on the ground that G was an employee of the E company without disclosing the fact that it was the Plaintiff’s funds through the Plaintiff’s employee G.

On December 21, 2018, the Defendant prepared and issued to the Plaintiff a certificate of confirmation confirming that “10 or 30 members of the team worked as the decommissioning team from November 6, 2018 to December 15, 2018, and received KRW 66,019,00 per day from Plaintiff’s employees G and received KRW 66,00,00 per day from Plaintiff’s employees and subsequently received payment for the completed portion of construction work, the Defendant shall pay the Plaintiff the payment for the completed portion.”

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. Determination

A. In determining the cause of the Plaintiff’s claim, the Defendant received 66,019,000 won on behalf of the Plaintiff’s staff G through the Plaintiff’s employee G while working for the part where the Defendant placed human resources into work after being awarded a subcontract for the on-site dismantling of the C New Construction Site, the D District Urban Development Project Site, etc., and for the adjustment of materials.

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