logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원성남지원 2020.10.14 2018가단17876
노임대납금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. In around 2016, the Defendant was awarded a contract for the structural construction work among the construction works of Ku Government-si D Co., Ltd.

(hereinafter referred to as the “instant construction site”). B.

The Plaintiff supplied human resources to the relevant construction site from June 2016 to November 2016.

[Grounds for Recognition] Facts without dispute, entry of Gap evidence 1, testimony of witness E, purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff asserted that the Plaintiff supplied human resources at the instant construction site upon the Defendant’s Defendant’s request F and G’s employees, and the Defendant consented to the Defendant’s payment of the construction cost to the Defendant as wages for the human resources offered by C corporation to the Defendant.

As a party to a human resources supply contract with the Plaintiff, the Defendant is obligated to pay the unpaid wage of KRW 43.76 million.

B. The fact that the Plaintiff supplied the instant human resources at the F construction site and G’s request is without dispute between the parties, and the Defendant argues that F and G are not the Defendant’s employees but only those who subcontracted the instant construction site from the Defendant, and that the entire amount of the wage claimed by the Plaintiff cannot be recognized.

F. As to whether F and G signed a human resources supply contract with the Plaintiff on behalf of the Defendant as the Defendant’s employee, each of the descriptions of evidence Nos. 3-1, 2, and 4, and evidence Nos. 6-1 and 6-2 is insufficient to recognize it, and there is no other evidence to acknowledge it.

Inasmuch as there is no evidence to acknowledge the authenticity of evidence Nos. 3-1 and 3-2 (i.e., evidence Nos. 6-2) of the evidence Nos. 3-1 and 3-2, there is no evidence to prove that the Defendant recognized the Plaintiff’s wage payment obligation and consented to the payment of the amount equivalent to the wages of the Plaintiff C.

Therefore, the plaintiff's assertion is without merit without further review.

3. The plaintiff's claim for conclusion is dismissed as it is without merit. It is so decided as per Disposition.

arrow