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(영문) 서울중앙지방법원 2016.08.17 2015나72339
하도급노무비
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. Facts of recognition;

A. The Defendant was awarded a contract from the building owner B for the construction of a new multi-household housing in Gyeonggi-gun C (hereinafter “instant construction”).

B. On October 15, 2013, the Defendant subcontracted to MS Comprehensive Construction Co., Ltd. (hereinafter “MS Construction”) the interior and external building construction of the instant construction in KRW 570 million during the instant construction.

C. MS Construction re-subcontracted the subcontracted construction to D.

On October 22, 2013, the Plaintiff entered into a contract with D on behalf of ten labor members of E, etc. (hereinafter “instant labor members”), under which the Plaintiff and the instant labor personnel provided labor services to wooden works during the instant construction. The instant labor personnel, including the Plaintiff, provided labor services at the site of the instant construction.

E. D did not pay labor costs, etc. to the instant workers, including the Plaintiff, and due to this, the instant construction was suspended.

F. On April 29, 2014, the Defendant prepared a written consent for direct payment of subcontract labor cost (hereinafter “instant consent”) with the purport that “F representative D, who received a sub-subcontract of MS Construction and Labor Cost re-subcontract, did not approve the construction work cost, and the instant construction was suspended for a long time, and the Defendant agrees to pay the construction cost to FF workers directly, as the instant construction was suspended for a long time.”

G. After having drawn up the above written consent, the Plaintiff paid all labor costs to the instant worker.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 7, Eul evidence 1 and 2 (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. According to the facts found in the judgment on the Plaintiff’s claim, the Plaintiff is entitled to seek payment in accordance with Article 480 of the Civil Act, since it repaid the labor cost of the instant workers.

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