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(영문) 대구지방법원 2019.10.31 2019나300154
공사대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Defendant accepted a subcontract from the owner for C Construction Work (hereinafter “instant Construction Work”), and requested D, the representative of the human resources supplier, to supply human resources at the instant construction site.

B. The Plaintiff acquired human resources suppliers operated by D during the period during which the instant construction is being conducted by D, and supplied human resources to the instant construction site by September 2017 even after the Plaintiff acquired the said human resources suppliers.

[Ground of recognition] Facts without dispute, entry in Gap evidence 1 through 5 (including branch numbers if there are branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion is the representative of the human resources supply business entity that recruited the parts of the Plaintiff at the construction site to have them work and to divide the labor cost for them into the parts of the Plaintiff, and supported the necessary human resources and vehicles at the construction site of this case.

The Plaintiff supplied human resources and vehicles for about two months at the construction site of this case, and the price reaches KRW 5,510,000.

Therefore, the defendant is obligated to pay to the plaintiff KRW 5,510,000 and damages for delay.

B. Although the defendant alleged that the defendant requested D to supply human resources to D who was the representative of the human resources supplier at the construction site of this case, the plaintiff actually claimed the price higher than that of the human resources supplied at the construction site of this case.

In addition, the plaintiff brought all of the containers, tools, machinery, and materials owned by the defendant at the construction site of this case, and the amount of damage caused thereby would be KRW 10,00,000, the plaintiff cannot respond to the plaintiff's claim of this case.

3. Determination

A. According to the above facts of determination as to the cause of the claim, the defendant is obligated to pay the price for human resources and vehicles supplied to the plaintiff who acquired human resources suppliers from D at the construction site of this case, and evidence A Nos. 1 through 5.

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