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(영문) 대전지방법원천안지원 2019.06.19 2018가단11035
노임
Text

1. The Defendant’s KRW 3,2750,00 and as to the Plaintiff, 6% per annum from December 4, 2018 to June 19, 2019.

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) The Defendant is the construction of a new neighborhood living facility in DD building from C when it is inflammable City (hereinafter “instant construction”).

(2) The Plaintiff, who was awarded a contract, was engaged in the construction business under the name of “F” and supplied 151 public quarantine staff members at the instant construction site from October 2, 2018 to October 19, 2018.

3) On October 19, 2018, E, upon the Plaintiff’s request, signed and issued a written confirmation for wage payment (Evidence A4) of the molded wood project (propony floor) with the following contents as follows. The (Omission) team leader: the total number of the Plaintiff: 151 p.m. daily wage of 1,51 p.m. total from February 19, 10 to October 19, 201: 2,51 p.m. total of KRW 1,51 p. 1,51 p.m. total of KRW 1,51 p.m. total of KRW 2,51,525,00,00 including value-added tax x 3,775,00 won, value-added tax x 41,525,000 won, and then requested the Defendant to pay the said amount to the Plaintiff immediately after the Defendant issued the Defendant’s account statement at the time of completion of the work. The aforementioned confirmation person: The head of the Defendant’s field agent

B. Determination 1) The scope of the ordinary work of the site manager at a construction site is all acts related to the conclusion of a subcontract and the payment of the construction cost thereof, and the payment of rent for the construction site, in addition to the management of materials and labor related to the construction site (see Supreme Court Decision 94Da20884, Sept. 30, 1994). 2) In full view of the above legal principles and the above-mentioned facts, barring special circumstances, the Defendant delegated E with the authority to conclude a labor contract at the construction site of this case to the site manager E, and the Plaintiff requested the Defendant to supply wooden human resources at the construction site of this case from E, a representative of the Defendant.

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