(영문) 대구지방법원 2016.02.17 2015나14271

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크기(pt)

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줄 간격

자간(%)

(영문) 대구지방법원 2016.02.17 2015나14271

손해배상(기)

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The gist of the plaintiff's assertion B is a person who supplied the parts of wood and steel works at the site of the Gyeonggi-do Do Do Dok Construction Project (D), which was subcontracted by the plaintiff, and the defendant is a person who was under the direction of B and performed the duty of human resource management, etc. at the construction site.

During the construction process, it was revealed that B claimed the Plaintiff about KRW 70,00,00 for wages, materials, meals, lodging consumption, and other expenses, and the Defendant instigated the Plaintiff to the Plaintiff by stating to the Plaintiff the false fact that “the Plaintiff would unfairly dismiss all the parts of the Plaintiff,” and the Plaintiff’s 31 associates trusted the Defendant’s horse and suspended the work for four days from August 23, 2014 to August 26, 2014.

Accordingly, the Plaintiff had to pay KRW 10,224,00,00 equivalent to the 60% of the normal wage, which was the 4-day wage suspending work for the resumption of work. The Plaintiff suffered damages equivalent to KRW 100,00 due to the delay in work.

Therefore, the defendant is obligated to pay to the plaintiff KRW 10,224,00 among the damages suffered by the plaintiff due to the defendant's illegal acts as above, and delay damages therefor.

2. According to the evidence evidence Nos. 2 and 3, it is recognized that the Plaintiff paid the Plaintiff’s wage equivalent to 60% of the normal wage to the Plaintiff’s husband without the Plaintiff’s husband’s work for four days from August 23, 2014 to August 26, 2014.

However, the above facts and the statements of Gap evidence Nos. 1, 4, 5, and 6 are insufficient to recognize that the defendant, as alleged by the plaintiff, inciting the parts of the defendant in a false fact, has caused the parts of the defendant to suspend work for 4 days and caused them to commit a tort against the plaintiff, and there is no other evidence to acknowledge this otherwise.

Therefore, the plaintiff's assertion is without merit.

3. Conclusion, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is dismissed.

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