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(영문) 인천지방법원 2018.04.26 2017나11087
용역대금
Text

1. All appeals filed by the Plaintiff and Defendant C are dismissed.

2. Of the appeal costs, the part arising between the Plaintiff and the Defendant B.

Reasons

1. As to the claim against Defendant B, the Plaintiff asserted that Defendant B was liable to pay the Plaintiff KRW 10,030,000 and delay damages for the total labor cost of the daily worker employed at the site of Kim Jong-si Construction Corporation for Electric Source Housing (hereinafter “instant work”), which is the owner and the contractor of the instant work, (hereinafter “instant work”).

In light of the following circumstances, the evidence presented by the Plaintiff alone is insufficient to acknowledge that Defendant B is liable to pay labor costs to the instant workers or the Plaintiff, and there is no other evidence to acknowledge otherwise.

Therefore, the Plaintiff’s assertion from a different premise cannot be accepted without examining further.

On March 31, 2016, Defendant B entered into a contract for the instant construction work with Defendant C as KRW 1550 million (excluding value-added tax) and paid all the construction cost to Defendant C.

B. Even based on the statements in the Evidence Nos. 1 and 3, F, the head of E’s structural team, was supported by the Plaintiff’s workers, and the instant workers were input into the E site, not Defendant B, and were engaged in work.

C. There is no evidence to acknowledge that Defendant B, who is not the contracting party, promised to pay the personnel expenses of the instant workers directly.

2. In full view of the purport of the entire pleadings as to the claim against Defendant C, the following facts are acknowledged: (a) Defendant C, introduced by the Plaintiff, had the instant workers engaged in the instant construction work; (b) the total labor cost of the instant workers related to the instant construction work is KRW 10,30,000; and (c) the Plaintiff paid on behalf of the Plaintiff.

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