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(영문) 수원지방법원 2018.04.13 2016가단541396
임금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant is the owner of the instant construction project located in Seongbuk-gu, Sungnam-si (hereinafter “instant construction”) and ordered the instant construction project to E Co., Ltd. (hereinafter “E”), and F Co., Ltd. (hereinafter “F”) was subcontracted out of E during the instant construction project (hereinafter “instant reinforced concrete construction”). G Co., Ltd. (hereinafter “G”) was sub-subcontracted for the instant reinforced concrete construction project from F.

B. G subcontracted the portion of wages among the instant reinforced concrete construction to H, and the said H agreed to be supplied with the seal of the Plaintiff in order to supply the seal to the site of the instant reinforced concrete construction.

C. The above H supplied the Plaintiff’s seal and performed the instant reinforced concrete construction, and received subcontract payment from G and paid wages to the Plaintiff.

On April 3, 2014, E, the original office of the instant construction, ceased to perform the instant construction due to the nonperformance of April 3, 2014. Accordingly, on April 5, 2014, the instant reinforced concrete construction was resumed by the Defendant, the head of supervision group, the head of the E site office, I, the head of the F site office, G manager, G manager, H, cooperation company (a company providing various materials and meals necessary for steel reinforced concrete construction), and the chief of judicial department, the Plaintiff’s person in charge, agreed to pay wages invested in the instant construction directly to the Defendant for the wages invested in the instant reinforced concrete construction.

[Ground of recognition] Facts without dispute, Gap evidence 3, 4, Eul evidence 1 (including paper numbers, hereinafter the same), the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion that G supplied the seal for the instant reinforced concrete construction to which G was sub-subcontracted, and the Defendant supplied the Plaintiff’s wages to the Plaintiff for the instant reinforced concrete construction.

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