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(영문) 서울남부지방법원 2014.12.12 2014나53276
식사대금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. From around 2010, D, the representative director of the Plaintiff, operated the “F” construction site, which was executed by Taeyang-gu E Co., Ltd. (hereinafter “Tongdong Construction”) and provides meals to the construction workers, at the construction site of “F”, and the Plaintiff was established on January 13, 2012 and operated the said brin restaurant.

B. Defendant Amateur Co., Ltd. (hereinafter “Defendant Co., Ltd.”) awarded a contract for steel framed and outer works among the above works from Tae Young Construction, and subcontracted the steel framed works to Co-Defendant C of the first instance trial who operates G, Defendant B, who operates H, with the outside works, the Aluminium test works, and the Aluminium test works to J managing I, who subcontracted the Aluminium test team, and the Aluminium test team works to J managing I.

C. The members of H and I from May 2012 to January 2013, 2013, while the members of G from December 2012 to February 2013, the members of G were provided with meals at the Plaintiff’s instant restaurant from February 2013 to March 2013.

[Ground of recognition] A without dispute, entry of evidence No. 3, purport of the whole pleadings

2. Judgment as to the main claim

A. The plaintiff asserted that the plaintiff provided meals at the request of the defendant company to the employees of the defendant company, the members of H operated by the defendant company, and the members of G operated by the defendant company of the first instance. K, which is an employee of the defendant company, has signed as a manager of the food register recording that he provided meals to the members of H who are the sewage supplier of the defendant company. It is a kind of practice for the subcontractor to settle the costs of meals to the members of the sewage supplier, and the fact that H or G's members, who are the sewage supplier of the defendant company, request the plaintiff to provide meals, and the preparation process of the food register, etc., the defendant company expressed that they belong to the defendant company while requesting the plaintiff to provide meals, and that they are the members of H or G's members, who are the sewage supplier of the defendant company, are the food costs of H and G.

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