logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 영덕지원 2018.12.18 2017가단11297
노무비
Text

1. The Plaintiff:

A. Defendant B Co., Ltd.: (a) KRW 88,730 and its interest rate shall be from November 28, 2017 to December 18, 2018.

Reasons

1. Facts of recognition;

A. On June 2, 2016, Defendant C contracted the construction of the said new apartment house to Defendant B Co., Ltd. (hereinafter “Defendant B”) for KRW 2,500,000,000 in the cost of construction in order to newly construct the said new apartment house on the land outside Yong-gun, Chungcheongnam-gun, and one parcel of land. Defendant B subcontracted the construction of the said new apartment house to Defendant D Co., Ltd. (hereinafter “Defendant D”) on July 1, 2016 for the construction cost of KRW 482,00,000 in the cost of construction.

B. The Plaintiff, who is engaged in the construction human resources supply business, etc. with the trade name “F,” supplied the construction human resources from October 1, 2016 to April 30, 2017 after concluding a human resources supply contract with Defendant B, and the labor cost generated from the said human resources supply amounting to KRW 5,160,000.

In addition, after entering into a human resources supply contract with Defendant D, the Plaintiff supplied the construction human resources from July 1, 2016 to November 31, 2016, and the labor cost generated from the said human resources supply came to KRW 18,040,000.

C. As labor cost to the Plaintiff, Defendant B paid KRW 5,071,270 on November 29, 2017, and Defendant D paid KRW 7,040,000 around that time.

[Ground of recognition] Defendant B and C: In the absence of dispute, each entry of Gap evidence Nos. 1, 2, and 8 (including each number, if any) and the purport of the whole pleadings, as to Defendant D: Confession (Article 150(3) and (1) of the Civil Procedure Act)

2. Determination as to the claim against the defendant B

A. The Plaintiff’s assertion entered into a human resources supply contract with Defendant B, from October 1, 2016 to April 30, 2017, and caused labor costs of KRW 7,760,00. Defendant B only paid KRW 5,071,270 out of the above labor costs. As such, Defendant B is obligated to pay the Plaintiff the unpaid labor cost of KRW 2,68,730 (=7,760,00-5,071,270) and damages for delay.

B. In light of the above facts, Defendant B shall pay the Plaintiff the unpaid labor cost of KRW 88,730 (=5,160,000-5,071,270) and delay damages.

arrow