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(영문) 광주지방법원 2017.10.27 2016나8523
노임
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

(c) shall be.

Of the construction cost of machinery and equipment, KRW 24,200,00 (including value-added tax) and the construction period from August 28, 2015 to November 20, 2015, a subcontract for construction works to be subcontracted (hereinafter “instant subcontract”).

c) On September 17, 2015, the Defendant’s Cho Jae-in concluded the instant contract on behalf of the Defendant (hereinafter “instant contract”) between the Plaintiff and the Plaintiff on behalf of the Defendant, with the following content:

A) The name of a work-based employment contract for a worker: The name of a work-based employment contract for the F Facility construction: upon request from “B” due to the needs of “A”, “B” shall provide a worker for daily work, and the wage of a worker for daily work provided shall be terminated on the 29th day of each month and paid on the 30th day of September, 2015 by the end of the 29th day of each month. On September 17, 2015, “A” H E E Defendant (person), JD Plaintiff JD (Seoul Dong-dong C Job Placement Office* attached documents: A, “B”, and “B” attached documents.

D. The Plaintiff supplied daily workers to the instant construction site in September 2015, and the Defendant transferred the total of KRW 4,490,000 to the Plaintiff from September 24, 2015 to October 7, 2015.

E. From October 5, 2015 to October 28, 2015, the Plaintiff supplied 93 daily worker from around October 5, 2015 to around October 28, 2015 at the instant construction site. The sum of the daily worker wages in October 2015 is KRW 13,920,000.

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1 through 5 (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. According to the instant contract, Plaintiff 1 supplied 93 daily workers from October 5, 2015 to October 28, 2015 to the instant construction site by the Defendant. As such, the Defendant supplied 13,920,000 wages for October 2015 to the Plaintiff.

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