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(영문) 부산지방법원 동부지원 2018.02.14 2016가단202086
구상금
Text

1. The Defendant: (a) KRW 38,00,000 and the Plaintiff’s annual rate of KRW 6% from October 1, 2015 to February 14, 2018.

Reasons

1. Basic facts

A. The Plaintiff is a person who operates a job placement office under the trade name of “C,” and the Defendant is a person who operates a construction company under the trade name of “D.”

B. The Defendant, from July 201 to September 2015, has settled the payment of wages to the employees invested at the construction site upon the Plaintiff’s introduction from July 201 to September 2015 by the Defendant’s advance payment of the wages to the Plaintiff after the car.

[Grounds for Recognition] Uncontentious Facts, Partial Testimony of Witness E, Purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff and the Defendant agreed on the Defendant’s advance payment of wages to the workers at the time of the settlement and payment. From July 8, 2011 to September 2015, the Plaintiff and the Defendant agreed on the Defendant’s advance payment of wages to the workers working at the Defendant’s construction site as a result of the Plaintiff’s introduction from July 8, 2011 to September 2015, total of 345,586,00 won, and the amount that the Plaintiff received from the Defendant as the said advance payment of wages is KRW 280,382

Therefore, the defendant is liable to pay to the plaintiff the difference of KRW 65,203,740 as well as damages for delay.

B. The Plaintiff, while keeping the passbook and cash cards of the Defendant workers, has directly settled the paid wages from the company that used the workers, or transferred wages to the Plaintiff by the workers, and the workers have received wages directly from the company that was not the Plaintiff.

2) Therefore, the settlement amount claimed by the Plaintiff cannot be trusted. However, the fact that the Defendant’s amount to be paid to the Plaintiff is 38,000,000 won is recognized. 3. As long as the Plaintiff’s evidence Nos. 1, 2, 15, and 16 (the head of the transaction ledger unilaterally prepared by the Plaintiff, and the Defendant does not recognize its content, the evidence, including the above evidence, or the witness E’s testimony submitted by the Plaintiff, submitted by the Plaintiff, was first paid to the workers working at the Defendant’s construction site through the Plaintiff’s introduction.

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