logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2020.11.11 2019가합108347
구상금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Determination as to the cause of claim

A. The gist of the Plaintiff’s assertion was that the Defendant entered into a labor contract with the content that the Plaintiff shall perform the solar structure construction among the solar power generation facility construction works that the Plaintiff received from C, and that the Plaintiff shall pay KRW 430,850,200 to the Defendant as the equipment costs and personnel expenses.

On November 7, 2016, the Plaintiff paid KRW 127,255,060 to the Defendant on behalf of the Defendant pursuant to the above labor contract. At the Defendant’s request, the Plaintiff paid KRW 522,594,996 on behalf of the Defendant in excess of KRW 218,99,856 (= KRW 127,25,060 - KRW 522,594,996 - KRW 430,850,200). At the Defendant’s request, the Plaintiff paid KRW 16,016,00 on behalf of the Defendant.

Therefore, the defendant is obligated to pay to the plaintiff KRW 235,015,856, which is the sum of the above KRW 218,99,856 and KRW 16,00,00, and the delay damages.

B. The Plaintiff paid to the Defendant money in excess of the amount set forth in the above labor contract solely on the basis of the descriptions of the evidence No. 1-3 and No. 1-3, and No. 2.

It is not sufficient to recognize that the compensation has been paid to C on behalf of the defendant or the defendant, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's assertion cannot be accepted.

2. The plaintiff's claim for conclusion is dismissed as it is without merit. It is so decided as per Disposition.

arrow