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(영문) 창원지방법원마산지원 2017.11.30 2017가단101181
약정금
Text

1. The Defendants jointly share KRW 42,00,000 and interest rate of KRW 15% per annum from April 27, 2017 to the date of full payment.

Reasons

1. The parties' assertion

A. Upon Defendant B’s request, the Plaintiff asserted that: (a) supplied human resources at two sites of two urban-type residential housing (hereinafter “instant construction”) from June 16, 2015 to August 27, 2015; and (b) borne the wage of KRW 46,176,000.

On November 9, 2015, Defendant C agreed to pay the Plaintiff’s wage of KRW 42,00,000 by December 15, 2015.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 42,000,000 and damages for delay.

B. Defendant B’s assertion was merely delivered to the Plaintiff the request for the supply of human resources by Defendant C, the Plaintiff supplied human resources to Defendant C, and Defendant B agreed to pay wages to the Plaintiff. Thus, the Plaintiff’s claim against Defendant B is without merit.

C. Although Defendant C’s assertion stated in Defendant C had prepared a written statement of payment to the Plaintiff, it was believed that Defendant C would complete the work, and Defendant B would incur enormous damages to Defendant C by suspending the work without finishing the work. As such, the Plaintiff’s claim against Defendant C is without merit.

2. Determination

A. The facts of recognition 1) Defendant C(E) requested Defendant B to supply human resources around June 2015 while being implemented after receiving a subcontract for part of the instant construction from F Co., Ltd. (E). Defendant B (around that time, provided that Defendant B would supply human resources to the Plaintiff who operated the human resources office at the construction site of the instant case and settle the case on behalf of wage.

Accordingly, the plaintiff from June 16, 2015 to the same year.

8. Until December 27, 200, it supplied manpower at the construction site of this case and paid 46,176,000 won as substitute for that wage.

Some of the manpower are recruited by the plaintiff, but they are recruited by the defendant B.

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