beta
Text
1. The part of the judgment of the court of first instance concerning the Defendants is revoked.
Plaintiff’s claim against the Defendants is dismissed in entirety.
(c) 2.2.
Reasons
Basic Facts
From May 2013 to July 30, 2013, the Plaintiff, as an operator of C, entered into a contract with D to supply human resources for reinforced concrete construction among the E-type Urban Residential Housing Construction Corporation (hereinafter “instant construction”) ordered by Defendant Lone Starex Co., Ltd. (hereinafter “Defendant Lone Star”) (hereinafter “instant construction”) from May 2013 to July 30, 2013.
(hereinafter “instant labor contract”). At the same time, around May 2013, Defendant Lone Star entered into an agreement with the Plaintiff to pay the construction cost to the Plaintiff under the instant labor contract (hereinafter “instant direct payment agreement”) and Defendant Lone Star Construction Co., Ltd. (hereinafter “Defendant Hask Construction”) directly guaranteed payment for the direct payment agreement.
Defendant Lone Starex, on June 15, 2013, paid directly to the Plaintiff KRW 22,007,615 of the labor cost for May 15, 2013, but upon confirmation by B, did not pay to the Plaintiff KRW 27,60,000 for labor cost for June 2013 claimed on July 15, 2013.
[Ground of recognition] A without dispute, Gap evidence Nos. 1 and 2, Eul evidence Nos. 3, part of Eul evidence, and plaintiff Plaintiff’s assertion as to the ground of claim as to the purport of the entire pleadings as to the ground of claim as to the whole of the pleadings was made on May 2013, and around June 2013, the Plaintiff supplied the instant construction work with persons equivalent to the total labor cost of KRW 27,60,000 (hereinafter “instant labor cost”) and filed a claim for the instant labor cost with Eul upon confirmation by Eul. The Defendants are jointly and severally liable to pay the Plaintiff the unpaid labor cost of KRW 27,60,000 and delay damages pursuant to the direct payment agreement and the payment guarantee agreement.
The Defendants agreed to pay labor cost to the Plaintiff within the scope of the contract price of the instant construction project between B and Defendant Lone Star, and the Plaintiff’s labor cost on June 2013.