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(영문) 서울남부지방법원 2014.07.15 2013가단60184
식사대금
Text

1. The Plaintiff:

A. Defendant Estekes Co., Ltd.: KRW 835,200 and its related thereto from October 9, 2013 to July 1, 2014.

Reasons

1. Basic facts

A. From around January 2010, D, the representative director of the Plaintiff, operated a “brine restaurant” which provides meals to the construction workers, at the construction site of the F-Establishment, which was performed by Taeyang-gu E Co., Ltd. (hereinafter “Tong Young-gu”) in Gyeyang-gu, Seoyang-gu, Seoul. The Plaintiff was established on January 13, 2012, and operated the said brine restaurant.

B. The Defendant Amateur Corporation (hereinafter “Defendant Company”) was awarded a contract for the steel framed and the outer works among the above works from Tae Young Construction. The Defendant Company awarded a subcontract for the steel framed works to the Defendant C managing G, the Defendant Company awarded to the Defendant C operating G, the Defendant B operating H, the Aluminium test works, and the Aluminium test works, and the Aluminium test team and the Aluminium test works to the J operating I.

C. The figures of H and I from May 2012 to January 2013, 2013, while the figures of G from December 2012 to February 2013, the members of the Defendant Company directly operated from February 2012 to February 2013, and the members of the employees directly operated by the Defendant Company provided meals at each of the Plaintiff’s instant restaurants from February 2013 to March 2013.

[Ground of recognition] Unsatisfy, entry of Gap evidence No. 3, purport of whole pleadings

2. Judgment on the main claim

A. The Plaintiff asserted that at the request of the Defendant Company, he provided meals to the employees of the Defendant Company, the H’s members operated by Defendant B, and the members of G operated by Defendant C.

In light of the fact that K, an employee of the Defendant company, has signed as a manager of the food substitute register in which the members of H, who are the sewage supply company of the Defendant company, have recorded the food cost, the subcontractor is a kind of practice to settle the meal cost of the members of the sewage supply company up to the meal cost of the members of the sewage supply company, and the fact that H or G’s members, who are the sewage supply company of the Defendant company, expressed that they were the Defendant company when requesting the provision of meals to the Plaintiff and the preparation of the food substitute statement (Evidence A No. 3), the Defendant company is the meal cost for H and G’s members, who are the sewage supply company of the Defendant company.

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