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(영문) 수원지방법원 2019.08.22 2017가단17418
인건비
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts are acknowledged to the effect that there is no dispute or the entire pleadings, in addition to each macro- documentary evidence.

C Around August 2016, Co., Ltd. (hereinafter referred to as “C”) ordered D Co., Ltd. (hereinafter referred to as “D”) to conclude a contract for the E Commercial Building Construction Corporation (hereinafter referred to as “instant construction”) at the time of harmony.

[A] around August 24, 2016, D subcontracted the instant construction of reinforced concrete (hereinafter “instant subcontract”) to F, and the Defendant succeeded to the instant subcontract from F.

[A] From September 2016, the Defendant received human resources supply from the Plaintiff, who is engaged in human resources placement business, etc. from around September 2016, for the instant subcontracted project.

[A-1 and B-3] On October 18, 2016, H, a field director of the job site of C, prepared and delivered a “written consent on the direct payment of wage” (hereinafter referred to as the “instant written consent”) with the purport that “The original office (C) shall pay directly to the Plaintiff at the time of the delayed payment of wages for on-site workers due to the instant subcontract construction work. The amount shall be the situation of the issuance at that time.” (A-6), and includes the Defendant’s signature.

Labor expenses which the Plaintiff had not supplied human resources to the Defendant from September 10, 2016 to March 3, 2017 are 15,3930,000 won in total.

[A] Based on the instant written consent, the Plaintiff filed a civil suit seeking payment of KRW 150,3930,000 for unpaid personnel expenses against C by this Court 2017da10622, based on the instant written consent, and was sentenced to a favorable judgment on November 21, 2018.

[A] The reason is that H, as a site manager of C, with a partial comprehensive power of attorney, has made and delivered the written consent of this case to the Plaintiff, and there was an agreement between the Plaintiff, Defendant, and C on the direct payment of wages for personnel expenses supplied by the Plaintiff at the construction site of this case.

2. Determination

A. According to the above fact of recognition as the existence of the “direct payment agreement”, the Plaintiff, the Defendant, and C, at the request of the Defendant.

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