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(영문) 대전지방법원 2016.12.02 2015나3677
구상금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

At the request of the defendant, the plaintiff asserted that the plaintiff supplied human resources at the construction site as follows and paid wages to the defendant on behalf of the defendant.

At the time, the Defendant agreed to settle the wages paid by the Plaintiff on behalf of the Plaintiff later and pay them to the Plaintiff.

From May 30, 2006 to September 30, 2006, when the Plaintiff paid on behalf of the Plaintiff during the construction site period of G G 3: F from July 29, 2006 to July 17, 46, 446,000 to August 27, 2006; the Defendant is obligated to pay the Plaintiff the total of KRW 3613,426,00 to 4 I at the construction site of H from June 30, 2006 to August 13, 2006 to August 2006, and KRW 103,200,000 to August 2006, and KRW 103,00,000,000,000 from August 1, 2006 to August 200, and KRW 207,707,740,75,207,747,207,207,205.

The Defendant did not request the Plaintiff to supply human resources, and even if so, the above claim was extinguished by the lapse of the extinctive prescription period.

Judgment

In addition to the statements in Gap evidence 2, 4, 5, and 9, the plaintiff operated a job placement office with the trade name "M" and the defendant performed the job placement work. ② The plaintiff supplied human resources to the construction site for a period of more than one month or two months, according to an agreement with the company or an individual requesting the supply of human resources, upon completion of work at the construction site, the plaintiff paid wages on behalf of the above company or individual on the basis of the work confirmation and received the work confirmation on behalf of the worker. ③ The defendant signed the job confirmation on the construction site such as C, G construction site, and a considerable number of work confirmations on the K construction site, ④ The defendant paid part of the outstanding amounts directly to the plaintiff.

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