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(영문) 부산지방법원 2018.05.18 2016나56004
용역대금
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 operates a job placement office under the trade name of "C" in Busan Dong-gu, Busan, and the defendant is a company established for the purpose of housing construction business.

B. On July 6, 2012, the Defendant entered into a contract with the Busan Western District Office of Education to enter into a contract for construction works with the effect that the toilet improvement works for D elementary schools (hereinafter “instant construction works”) will be contracted by setting the construction cost of KRW 75,897,386 and the construction period from July 10, 2012 to December 6, 2012.

C. Upon receiving the Defendant’s request from E, etc., the head of the site, the Plaintiff arranged workers for day duty at the construction site of this case from August 2012 to November 2012, and the workers arranged by the Plaintiff were working at the construction site of this case.

The Plaintiff agreed to exercise the right to wages from the employees invested in the construction site of this case, and investigated the number of labor supply days, wages, etc. of the said workers, and paid wages to the workers. From August 2012 to November 2012, the Plaintiff’s prepaid wage to the construction site of this case is KRW 28,220,000 in total.

E. Meanwhile, from August 19, 2012 to October 15, 2012, the Defendant remitted total of KRW 17,000,000 to a bank account under the name of F, G, H, H, I, J, K, and L. Each of the above amounts was remitted to a post office account under the name of the Plaintiff on the date of remittance or deposited in cash.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 4, 5, 6, 16, 18, Eul evidence No. 7 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. In light of the following circumstances acknowledged by the evidence prior to the determination of the cause of the claim, the result of the fact-finding conducted by the court of first instance on the Busan Western District Office of Education and the purport of the entire pleadings, the Defendant’s offer of good offices to the employees invested at the construction site of this case.

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