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(영문) 대전지방법원 2015.01.09 2014나4369
임금
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. Basic facts

A. The Plaintiff is a person who supplies human resources at the construction site under the trade name of “B,” and the Defendant is a company with the aim of civil engineering, construction work, etc.

B. From May 20, 2012 to September 18, 2012, the Plaintiff supplied human resources to the meal service rooms and multi-purpose lecture construction sites located in Seo-gu Daejeon District Office of Education (hereinafter “instant construction site”).

C. On June 24, 2012, the Defendant prepared and issued a direct payment confirmation (Evidence A 5) that “I, on the 15th day of the following month, promise to directly dispose of the Defendant, who is the prime contractor, to the Plaintiff to the Plaintiff to the Yellow Sea Construction Co., Ltd. (hereinafter “Yan Sea Construction”) that “I wish to directly dispose of the Plaintiff’s personnel expenses to the Defendant.”

(B) The defendant's assertion that the defendant's assertion that the above direct payment certificate cannot be recognized when it comes to the briefs dated September 2, 2014. However, according to the records, the defendant's confession that the defendant prepared the above direct payment certificate and delivered it to the plaintiff several times during the pleadings in the court of first instance. Thus, the defendant's assertion is without merit unless there is any evidence that the confession is contrary to the truth and is caused by mistake.

From May 20, 2012 to September 4, 2012, the Defendant again prepared and issued to the Plaintiff a letter of commitment execution (Evidence A6) stating that “I will first pay the manpower cost (work cost) invested by the Plaintiff from September 4, 2012 to the site of D middle school to the Plaintiff on the date of receiving the flag ( September 2012) demanded by the Daejeon Western Office of Education in 2012, and that I will first pay the claims related to D middle school (site) with priority after consultation (work cost).”

E. From May 20, 2012 to September 18, 2012, the Plaintiff supplied human resources to the instant construction site as indicated in the details of supply of human resources, and the total wages for the human resources supplied by the Plaintiff during the said period are 28,010.

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