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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The E Regional Housing Association contracted the Defendant with the construction of the F Apartment Construction Work for the window of Changwon-si (hereinafter “instant construction work”). The Defendant re-contracted the instant construction work to G Co., Ltd. (hereinafter “G”) and G to H Co., Ltd. (hereinafter “H”).
B. On November 2015, the Plaintiff entered into a contract with H to the instant construction site with the content that the Plaintiff shall place human resources into the instant construction site and that H shall pay the relevant human resources to the Plaintiff.
C. On December 2015, from around April 2016 to around April 2016, the Plaintiff drafted a written confirmation confirming that the Plaintiff had an obligation to pay KRW 53,040,000 to the Plaintiff for human resources to the Plaintiff on May 25, 2016.
[Ground of recognition] Facts without dispute, Gap evidence 6 through 9, Eul evidence 1 to 5, the purport of the whole pleadings
2. Summary of the plaintiff's assertion
A. Inasmuch as the requirements for direct payment of wages to the Defendant, who is the contractor of the instant construction, meet the requirements under Article 44(1) or 44-2(1) of the Labor Standards Act, the Defendant demanded that the Plaintiff pay KRW 1,80,000, which is part of the unpaid human resources amount of KRW 53,040,00, which H verified, was paid by the Defendant (i.e., the above KRW 53,040,000, - the above KRW 1,800).
shall be paid jointly and severally with H.
B. On May 3, 2016, the Defendant sent a content certificate to H on or after March 16, 2016, and promised to pay all the manpower cost for the Plaintiff incurred after March 16, 2016 to the Defendant. Since the Defendant’s site manager D promised to directly pay the unpaid manpower cost to the Plaintiff, the Defendant is obligated to pay the manpower cost as stated in the purport of the claim to the Plaintiff in accordance with the promise.
C. The defendant is a human resources provided by the plaintiff.