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1. The Defendant’s KRW 29,364,50 for the Plaintiff and 5% per annum from December 5, 2018 to June 14, 2019.
Reasons
1. Basic facts
A. The plaintiff is a person operating human resources presentation business under the trade name of "D", and the defendant is a corporation running a construction business.
B. On April 2017, the Defendant awarded a contract for reinforced concrete construction works (hereinafter “instant construction works”) from E Co., Ltd. among F apartment construction works located in Hanam-si (hereinafter “instant construction works”), and subcontracted the relevant concrete building works to G (trade name: H) that is not a constructor under the Framework Act on the Construction Industry.
C. From February 2018 to June 2018, upon G’s request, the Plaintiff arranged and supplied daily workers necessary for the aforesaid concrete building works, and instead paid the said daily workers wages and transportation expenses (hereinafter “instant wage”).
As the Plaintiff did not receive the instant wage from G, the Plaintiff claimed the Defendant for the above wage, and the Defendant directly paid KRW 40,000,000, out of the instant wage, to the Plaintiff.
E. As of July 18, 2018, the Plaintiff prepared the “the details of the claim and the “the statement of the amount not paid” (hereinafter “the claim statement of this case”). The above claim statement contains a total of 410 won for the construction site of this case (the number of workers supplied), and the final wage of this case was 74,805,000 won for total of 74,805,000 won, excluding the amount of 40,000,000 won paid directly by the Defendant, and the total of 5,440,50,000 won for the remainder of the unpaid amount, excluding the amount of 40,000,000 won paid directly by the Defendant and the transportation expenses from February 6, 2018 to June 20, 2018, stating that the claim is filed with G, and the remainder of 29,364,500 won for the Defendant.
F. Under the claim statement of this case, the Plaintiff inserted the phrase “I confirm the amount of claim No. B and the fact of non-payment,” and demanded the Defendant to sign with the head of the Defendant’s on-site office. The Defendant’s on-site director I stated “I confirm that the total 404 was input.”