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(영문) 창원지방법원 2017.11.16 2017가단5191
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion was awarded urban gas construction among construction works for 1200 apartment B in Daegu Jung-gu, Daegu-gu, and re-subcontracted the above construction work to C Company.

C Company appointed the Plaintiff as an on-site agent.

From January 21, 2016 to May 18, 2016, the Plaintiff reported his/her work as a worker on the same spot to the time the members of other department die.

Since then, the Defendant withdrawn the contract with C Company and dismissed the Plaintiff without notifying the Plaintiff.

The plaintiff suffered losses as follows by the above act of the defendant, and the defendant is obligated to pay the plaintiff a total of 45,950,000 won and delay damages.

① Damage (2) 2,360,000 won including rent 5,60,000 won for Daegu real estate and accommodation expenses of 1,80,000,000 won for family living expenses for two team members, and 9,000,000 won for three months of the Plaintiff’s living expenses and dismissal expenses of 3 months. ④ 21,000,000 won for urban gas work performance expenses of 849,000 won for 65A 200A T/F expenses for accommodation expenses and other expenses for accommodation,

2. We examine the judgment, and there is no proof as to the fact that the plaintiff had legal relations such as employment with the defendant, and there is no reason to further determine the plaintiff's above assertion.

(The Plaintiff’s assertion may be viewed as the assertion that there was an employment relationship with the Plaintiff and C Company. Therefore, the Plaintiff’s claim in this case is dismissed as it is without merit.

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