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(영문) 서울중앙지방법원 2016.10.06 2015가합573944
보증채무금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On January 5, 2015, the Defendant subcontracted the instant construction of reinforced concrete (hereinafter “instant construction”) among the new construction works implemented at the Eunpyeong-gun A Day Center in Gyeonggi-do (hereinafter “Dlim Construction”).

B. The Plaintiff, a company engaged in manpower supply, employment arrangement, and job placement services, supplied the manpower to be invested in the construction site of this case from January 8, 2015 to September 20 of the same year at the request of Dlim Construction.

C. On May 8, 2015, the Plaintiff and Dlim Construction agreed to pay directly labor costs to be paid by Dlim Construction to workers.

Accordingly, the plaintiff has paid the labor cost to the workers to be paid by the dlim construction to the workers, and has recovered it from the dlim construction.

However, Dlim Construction failed to pay KRW 12,6720,000,000,000,000 paid by the Plaintiff to C, etc. in May 2015, and KRW 7,505,00,00,00,00,000 paid to D, etc. in June 2015.

The On-site name: The name of a reinforced concrete business entity: The name of a reinforced concrete business entity in Gyeonggi-do, and two types of new construction works: The labor cost incurred at the above-site site (type mold, steel bars, rains, concrete fixtures, straws, tins, tins, dismantling, dismantling, system installation works, and direct management) will be paid jointly and severally in order to ensure that the total amount of gold generated by June 30, 2015 is not paid by the plan for the resolution of the large-scale mining construction project, if the plan for the resolution of the plan for the resolution of the plan for the resolution of the large-scale construction project is not paid.

The term "to be paid up to five months from the date of payment" shall be August 5, 2015, 2015, and shall be signed by the field agent E (person) on July 2, 2015, from July 5, 2015.

D. On July 2, 2015, E, the head of the construction site of the instant construction site, was an employee of the Defendant’s employees, who is the head of the construction site of the instant construction site, prepared and placed on July 2, 2015 the “Labor Expense Payment Declaration” containing the following details:

E. The Plaintiff against D forest construction.

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