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(영문) 수원지방법원 2016.12.15 2015나43872
식대
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. The plaintiff is a person operating a restaurant business in the trade name of "Ccafeteria", and the defendant is a corporation running a construction business of building construction business, engineering work business, etc.

B. On September 16, 2014, the Defendant entered into a contract with D (mutual E; hereinafter referred to as “E”) and with respect to the structural construction among G extension works located in C in C in E in E in Sungsung City (hereinafter referred to as “instant structural construction”), for the contract period of KRW 143,00,000 and the construction period of KRW 143,00,000 and from September 16, 2014 to November 30, 2014.

C. On September 25, 2014, each of the names of H, the head of the Defendant’s site and I, the person responsible for the instant framework construction, agreed to collect the food expenses of all workers related to the instant framework construction directly from the Defendant (hereinafter “instant written consent to the direct payment”). D.

On the other hand, on October 31, 2014, the Plaintiff issued a tax invoice stating that he/she claims food expenses of KRW 3,514,500 (including value-added tax) as the Defendant.

【Fact-finding without a dispute over the grounds for recognition, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. The allegations and judgment of the parties

A. The Plaintiff’s assertion 1) The gist of the Plaintiff’s assertion was that the Plaintiff provided meals to the workers related to the instant framework construction, which was constructed by the Defendant’s responsibility. At that time, H overalled the instant framework construction with the Defendant’s site manager, and prepared a written statement of direct payment of food expenses incurred at the construction site. Accordingly, the Defendant paid KRW 1,430,550 to the Plaintiff for food expenses incurred from September 25, 2014 to September 30, 2014, but did not pay KRW 3,514,500, food expenses incurred from October 1, 2014 to October 31, 2014. Accordingly, the Defendant is obligated to pay KRW 3,514,500, and delay damages incurred from the instant framework to the Plaintiff until the Defendant’s lawsuit is brought out.

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