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(영문) 대전지방법원 2015.05.08 2014가단31636
구상금
Text

1. Defendant B’s KRW 30,386,50 for the Plaintiff and KRW 5% per annum from November 1, 2013 to May 8, 2015.

Reasons

1. Basic facts

A. Defendant B entered into a contract on the construction of the said building (hereinafter “instant new construction”) with the owner who obtained a building permit (studio-type apartment house) on the apartment house (studio-type apartment house) with the total floor area of 2,108.09 square meters (637 square meters) on the ground on the ground of Daejeon Seo-gu Daejeon-gu, Daejeon, and entered into a contract on the construction of the said building (hereinafter “instant new construction”) around 2013.

B. Around June 2013, the Defendant Company entered into a contract with D and D to undertake the instant new construction work by setting labor cost of KRW 178,290,000 in total as KRW 170,000 per square year between D and the construction work by procuring figures, such as trees, at the construction site.

C. The Plaintiff, from June 2013, supplied D with the seal necessary for the instant new construction work, as a person operating a human resources supplier called E Job Placement Service.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, 3, Eul Nos. 1 and 2, witness F’s testimony, and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. 1) During the construction of the instant new construction, D’s failure to procure human resources for the construction site during the period of the construction of the instant new construction project, and the construction was suspended as it left the construction site around July 8, 2013. (2) Accordingly, Defendant B, the owner of the instant new construction project, would directly pay personnel expenses to the F, who is the owner of the instant new construction project, who is the owner of the instant construction project, directly paid to the F, the owner of the instant new construction project.

The Plaintiff received a request from F for the supply of human resources from F during the instant new construction site from September 2013 to October 201, but did not receive KRW 30,386,500 for personnel expenses.

The Plaintiff entered into an agreement with F on the provision of human resources at the construction site of the instant new construction project with Defendant B on behalf of the Plaintiff and supplied the parts to the Plaintiff. Defendant B is obligated to pay to the Plaintiff labor cost of KRW 30,386,500 and delay damages.

3 If the plaintiff's claim against the defendant B for the agreed amount.

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