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(영문) 대전지방법원 천안지원 2017.03.29 2016가단14368
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Dongin Construction Co., Ltd. (hereinafter referred to as Dongin Construction) was awarded a contract with the National Police Agency for the C Construction, and Park Jong Construction Co., Ltd. (hereinafter referred to as the “Jin Construction”) was awarded a subcontract for the instant construction of reinforced concrete (hereinafter referred to as the “instant construction”) among the above construction of Dongin Construction.

B. Upon the Defendant’s request, the Plaintiff operated D, who was a field manager of static Construction, supplied labor workers, such as molds, at the instant construction site from May 14, 2013 to June 2013.

C. However, the Plaintiff did not receive labor cost, and rejected the supply of labor cost.

On July 4, 2013, in the presence of the Defendant, the Plaintiff and Dong Construction agreed to pay the Plaintiff labor cost and the future labor cost incurred by Dongin Construction, subject to the Plaintiff’s receipt of a written consent to the direct refusal of the due construction.

(hereinafter referred to as the instant agreement). E.

The Plaintiff paid the full amount of the labor cost incurred prior to the date of the instant agreement, but the total labor cost of KRW 20,615,000 incurred from August 15, 2013 from the date of the instant agreement was not paid.

F. Accordingly, the Plaintiff asserted that he did not pay a total of KRW 20,615,00,000 for the above labor costs even though he agreed that he would not pay labor costs, and that he filed a lawsuit claiming wages against the construction of the same person under the court order 2013Kadan27301, which was declared against the Plaintiff on the ground that the Plaintiff did not have received a written consent to the direct refusal of construction due to the absence of the Plaintiff’s notification, and thereafter, the judgment against the Plaintiff became final and conclusive as both the Plaintiff’s appeal

[Ground of recognition] Facts without dispute, Gap 1 to 5 evidence, Eul 1 to 36 evidence (including paper numbers), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion changed the supply of workers from the Defendant around May 2013 to the instant construction site.

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