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(영문) 창원지방법원마산지원 2015.06.26 2014가합1805
노무비
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a person who provides job placement services under the trade name of “C,” and the Plaintiff introduces and arranges the construction enterprises in need of daily workers, etc. and workers in need of employment, and collects fees in return.

If the plaintiff introduces and mediates workers as above, and the worker completes the work on the same day and returns to the plaintiff's office, the plaintiff shall pay the labor cost on the day to the worker, and then receive the labor cost paid from the constructor, etc.

B. The defendant is a company with the purpose of reinforced concrete construction business.

The Defendant subcontracted the instant construction work of reinforced concrete (hereinafter “instant construction work”) from Jinjin Construction Co., Ltd., which started construction from August 2013.

C. The Plaintiff dispatched workers to the construction site of this case.

[Basis] Facts without dispute, Gap evidence 1, Gap evidence 2, Gap evidence 4, Gap evidence 7-1, 2, Gap evidence 11, Gap evidence 12, Eul evidence 9-1 and Eul evidence 9-2, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff supplied human resources requested by the Defendant from January 2014 to April 2014 according to the supply contract with E and human resources on behalf of the Defendant at the instant construction site.

The Plaintiff’s labor cost to be paid by the Defendant for the above period is KRW 167,618,00 as shown in the attached Table. Of the above amount, KRW 6,025,00 is paid, but the remainder of KRW 161,593,00 (=167,618,000 - 6,025,000) has not been paid up to now.

Therefore, the Defendant is obligated to pay to the Plaintiff the remainder of the above labor costs of KRW 161,593,00 and the damages for delay from the day following the delivery of the copy of the complaint in this case.

B. The Defendant’s assertion was merely sub-subcontracted to E on November 27, 2013 all processes of molding construction among the instant construction works.

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