beta
Text
1. The Defendant: (a) KRW 35,090,000 for the Plaintiff and 5% per annum from November 22, 2015 to May 31, 2017.
Reasons
1. Basic facts
A. The plaintiff is a company with the objective of job placement business, etc., and the defendant was awarded a contract for the construction business to Sungnam-si A.
B. On May 28, 2014, the Defendant concluded a responsible construction agreement between B and B, who is a constructor without registration, to subcontract the parts of the structural construction of the said new construction (hereinafter “instant construction”) with the construction cost of KRW 400,000,000 (excluding value-added tax) and the construction period from May 26, 2015 to September 25, 2015 and to perform the responsibility thereof. At that time, B and D (hereinafter “C, etc.”) re-subcontracted the instant construction work to C and D (hereinafter “C, etc.”) who is a non-registered constructor.
C. Upon receipt of a request from C, etc., the Plaintiff arranged workers at the instant construction site between September 10, 2015 and November 21, 2015, and C, etc. employed workers arranged by the Plaintiff and completed the structural construction by putting them into the instant construction site.
The Plaintiff: (a) investigated the number of workers’ work hours, wages, etc. to be paid by C, etc. to workers employed at the instant construction site; and (b) paid wages to workers employed at the instant construction site during the period from September 10, 2015 to November 21, 2015, the Plaintiff’s advance payment amounting to KRW 35,090,000 in total.
[Ground of Recognition: Facts without dispute, Gap 1, 2 evidence, Gap 3-1, 2, Gap 4-1, Eul 2-1, witness C's witness's testimony, the purport of whole pleadings]
2. The assertion and judgment
A. The plaintiff's assertion (1) The defendant, as the contractor of the instant construction project, subcontracted the instant construction project to B between B and C, and C, etc. re-subcontracted the instant construction project from B. At the defendant's request, the plaintiff supplied workers at the construction site of this case and paid wages to workers on behalf of the defendant according to the substitute payment agreement.