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(영문) 수원지방법원 2019.09.19 2019나53617
위자료
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are the reasons for the judgment of the court of first instance, except for the dismissal or addition as follows, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The phrase “Plaintiffs” in the first instance judgment, which is written or added, shall be respectively dismissed as “Plaintiffs”.

The following judgments shall be added to the 5th sentence of the first instance judgment.

Under the premise that all of the materials, such as containers, etc. to be installed at the construction site of this case, are provided by the defendant or F, the plaintiffs asserted that the contract for the construction of this case was a so-called "labor contract" where only E actually provides labor. Thus, the defendant was awarded a contract for the construction of the logistics center extension work to E, which is a personal business operator of "H" during the construction work, and the F was awarded a subcontract for the construction work of "H" during the construction work. As the civil petition of neighboring residents occurred during the above construction work process, the defendant, according to the agreement with neighboring residents and F, provided that the elderly construction and the construction work was made to E during the construction site for the purpose of maintaining the separation space between the elderly and village recycling for the neighboring residents. According to the above evidence, it is recognized that the defendant brought about some of the materials at the construction site of the logistics center extension work during the above construction process, but it was also recognized that the construction work of this case was made to use the materials at the construction site, which is not related to the construction work of this case.

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