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(영문) 청주지방법원 2016.05.25 2015가단112214
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. In fact, the Defendant entered into a contract on December 12, 2013 with the owner of the C Infrastructure Corporation (hereinafter “C Infrastructure Corporation”) established in Cheongju-si Co., Ltd. (hereinafter “B”), under which the entire construction of infrastructure was contracted to Nonparty 1, 2013.

The total construction cost was KRW 260,188,550, and the direct labor cost was KRW 96,436,793.

(No. 1) On December 13, 2013, the non-party company appointed an employee D as a field agent and a safety manager.

(No. 3 and 4) On January 14, 2014, the defendant and the non-party company drafted an agreement on “the labor cost classification management and payment confirmation system” based on Article 404 of the Rules of the Ministry of Public Administration and Security.

The system for the separate management and payment confirmation of labor cost is a system that separates the ordering agency, the counter-party to the contract, and the subcontractor from the price other than labor cost, and confirms whether the contracting agency or the counter-party to the contract has paid monthly labor cost to the subcontractor and paid monthly labor cost to workers.

(No. 9) On January 2014, the Plaintiff sent a copy of the passbook, such as Plaintiff, E, F, G, H, I, and J, to D.

D paid KRW 4,942,00 to the Plaintiff on January 2014, 201, E 3,120,000, F 3,750,000, G 3,90,000, and H 3,120,000.

(No. 5) Employees D of the non-party company prepared a detailed statement of payment of labor costs to the defendant (employee K) and claimed payment of labor costs (in addition to the copy, etc. of the resident registration certificates of workers, etc.), and the defendant paid the amount of KRW 33,896,00 on January 23, 2014, KRW 28,796,00 on February 24, 2014, KRW 28,796,00 on March 27, 2014, KRW 31,296,00 on May 11, 2014, as labor costs.

(Evidence Nos. 2, 3, and 7) On July 10, 2014, the non-party company prepared a written agreement to pay to the Plaintiff the payment of KRW 50 million to the Plaintiff not later than July 10, 2014, in the name of the construction cost until July 18, 2014, and drafted a notarial deed as to this.

(Evidence No. 5) According to the Defendant’s information disclosure on July 21, 2014, KRW 139,704,00 shall be the labor cost out of KRW 260,18,550 of the construction cost of the non-party company.

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