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(영문) 제주지방법원 2017.10.27 2017가단3245
채무부존재확인
Text

1. The Plaintiff’s wage against the Defendant on the ground of the New Construction of the Jeju Sports Center on Land B and one parcel outside Jeju City 47.

Reasons

The plaintiff's assertion by the plaintiff was ordered by Jeju Special Self-Governing Province, the plaintiff entered into a subcontract with the Young Construction Co., Ltd. (hereinafter "Jin Construction") as to the part of reinforced concrete construction among the Construction of the Construction of the Jeju Sports Center on Land B and one parcel of land (hereinafter "the Construction of this case"). Since the defendant is a worker belonging to the Construction of Military Construction, the debtor is not obligated to pay wages to the creditor.

The defendant's assertion that some of the construction works of this case was subcontracted by the plaintiff was requested to the defendant to construct a mold assembly part of this case, and the defendant did not receive 47,430,000 won of the relevant tree wage even though the construction was performed by the defendant.

Accordingly, the construction of gifted decided to pay all the above wages to the defendant upon receiving the corresponding payment from the plaintiff, and the plaintiff directly confirmed it. The plaintiff is obligated to pay the above wages to the defendant.

Judgment

I will see the defendant's argument that there was a direct payment agreement between the plaintiff, the defendant, and the Young Construction.

Comprehensively taking account of the overall purport of the statements and arguments set forth in Gap evidence Nos. 1 through 3, the plaintiff entered into a subcontract for construction costs of KRW 1,210,00,000 with respect to the portion of reinforced concrete construction among the instant construction works and the construction costs of this case on January 26, 2016, and the plaintiff paid KRW 2,313,292,000 in total to Young Jae Construction, the plaintiff paid KRW 2,313,292,00 in price, and the defendant was requested from Young Jae Construction.

However, there is no evidence to prove that the Plaintiff agreed to pay wages directly to the Defendant, and there is no evidence to conclude that there exists a direct payment claim to the Defendant.

Therefore, there is no wage obligation related to the Corporation of this case against the defendant.

As long as the defendant contests this, the profit to seek confirmation is also recognized.

Then, the plaintiff's objection.

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