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(영문) 서울중앙지방법원 2018.10.17 2018나7237
용역비
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Defendant entered into a contract with C Co., Ltd. (hereinafter “C”) for the new hotel construction work in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant hotel construction work”).

B. On September 12, 2016, C entered into a subcontract with E (hereinafter “E”) on the construction period for reinforced concrete construction among the instant hotel construction (hereinafter “instant construction”) with respect to the instant hotel construction (hereinafter “E”). From September 12, 2016 to April 30, 2017, C entered into a subcontract with the contract amount of KRW 303,60,000.

C. The Plaintiff operating a job placement office in F’s trade name agreed between E and the Plaintiff to supply necessary human resources for the instant construction work and to receive the service cost from E, and supplied E with necessary human resources for the instant construction work.

When the Plaintiff was unable to receive the service cost for the human resources supplied for the instant construction from E, on December 20, 2016, the Plaintiff was issued a direct consent to the effect that “60,000,000 won for the service cost (the wages of workers) of the human resources (the wages of workers) supplied by the Plaintiff for the instant construction from November 1, 2016 to December 31, 2016, from G, the owner of the instant hotel construction site of the Defendant and E, who is the owner of the instant construction site of the instant construction site, agreed to pay the Plaintiff directly (hereinafter “instant direct consent to payment,” and the agreement between the Plaintiff, Defendant, and E based on the instant direct consent to payment.).

E. On December 20, 2016, the Defendant paid KRW 20,000,000 to the Plaintiff out of the service cost of human resources supplied to the instant construction pursuant to the instant direct payment agreement.

F. E paid KRW 26,285,000 on January 4, 2017, and KRW 15,800,000 on January 26, 2017, respectively, to the Plaintiff.

G. In addition to the instant direct payment agreement, the Plaintiff and the Defendant shall pay KRW 2,000,000 and taxes to G within the scope of the remaining claims payable by the Defendant.

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