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(영문) 수원지방법원 2019.12.04 2018가단3218
임금
Text

1. The Defendant’s KRW 53,407,460 for the Plaintiff and KRW 6% per annum from January 17, 2018 to December 4, 2019.

Reasons

1. Basic facts

A. The Plaintiff is a person who operates a mutual human resources office, “C”.

B. The Defendant was awarded a contract with D Co., Ltd. (hereinafter “D”) for the new construction of an officetel in Young-si District Etel (hereinafter “instant new construction”).

C. On March 8, 2017, the Defendant subcontracted to F Co., Ltd. (hereinafter “F”) the instant new construction work of reinforced concrete (hereinafter “instant construction”) at the contract price of KRW 1.045 billion.

The G Co., Ltd. entrusted the instant new construction project to G Co., Ltd. (hereinafter referred to as the “G”) in order to have difficulty in procuring construction costs in the process of the instant new construction project, and directly entrusted the instant construction project payment to G.

G, Defendant, and F made a direct payment agreement that “G directly pays the instant construction cost to F.”

F was paid KRW 160,00,000 on July 25, 2017, KRW 160,000,000,000 on August 25, 2017, KRW 70,150,000 on August 25, 2017, and KRW 33,89,00,000 on September 29, 2017.

E. The Plaintiff entered into an agreement for human resources supply with F and accordingly invested human resources at the construction site of this case.

F. The Plaintiff was paid KRW 22 million on July 26, 2017, and KRW 50 million on August 28, 2017 from F as human resources supply price.

Since then, the Plaintiff filed an order for payment (F) with F, stating that “The Plaintiff shall not pay wages to F despite the Plaintiff’s input of human resources at the construction site of this case,” and on October 26, 2017, the Plaintiff received an order for payment stating that “F shall pay to the Plaintiff the amount of KRW 105,221,000 per annum from the day after the original copy of the order for payment was served to the day after the day of complete payment.” The above order for payment was finalized on November 16, 2017.

G. On October 31, 2017, the Plaintiff entered the instant construction site between the Defendant and the Defendant, in relation to the wage of the employee invested at the instant construction site, in the instant case below the wage payment agreement with the following.

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