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(영문) 광주지방법원목포지원 2016.09.30 2016가단2596
약정금 등
Text

1. As to the Plaintiff’s KRW 47,295,00 and KRW 46,595,00 among them, the Defendant shall start January 23, 2016, and the remainder 70.

Reasons

1. Basic facts

A. The Plaintiff operates a job placement office under the trade name of “B”.

B. The Defendant awarded a subcontract to D (E) for the parts of steel bars, molding molds, rain and concrete sponsing construction among the Jeonan-gun C Co., Ltd. (hereinafter “instant construction”), and in this regard, D had the Plaintiff input human resources to work.

C. On November 12, 2015, the Plaintiff drafted a letter with Defendant F as follows (hereinafter “instant first letter”).

The commitment is to pay the amount equivalent to KRW 96,500,000 to the G Representative Plaintiff from among the progress payments to be paid to the representative of the E Company D.

Provided, That I promise to receive and send a written consent for payment of D representative on November 13, 190.

However, the date of payment shall be determined by December 10, 2015, and shall be bound to assume civil and criminal responsibilities in the event of the foregoing.

D On November 12, 2015, 2015, D made a power of delegation to F that “D shall directly pay 96,800,000 won to H the Plaintiff.”

E. On December 16, 2015, the Plaintiff drafted a letter of commitment performance (hereinafter “instant second letter”) with the Defendant’s agent, as follows:

The amount of KRW 96,595,000 above is an unpaid amount to be paid by E Company D in B, and the Defendant agrees to preferentially pay KRW 0,000,000,000 in the unpaid amount to D by December 31, 2015.

Any balance shall be paid by January 22, 2016.

F. At the Defendant’s request, the Plaintiff posted seven associates at the Defendant’s construction site between November 3, 2015 and November 5, 2015, but did not receive KRW 700,000 as wages.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3, 4, and 5, the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff's summary of the plaintiff's assertion is that of this case at D's request.

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