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(영문) 제주지방법원 2017.06.29 2016가합10595
용역비
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The plaintiff is a person operating a construction human resources supplier company with the trade name C, and the defendant is a company operating a construction business, etc.

B. Upon D’s request, the Plaintiff supplied the following parts of the construction site (hereinafter referred to as “each construction site of this case”) in C’s trade name (the E’s trade name was borrowed before registering its business asC).

The supply period of the construction site 1 (Seopoon 1) Friet 26 June 26, 2015 to September 23, 2016, G Loans from August 27, 2015 to September 25, 2015 (Seopoon 3) of H Housing from September 20, 2015 to September 22, 2015 (based on recognition) does not dispute each entry, Gap evidence 2 and 3 (including each number of branches; hereinafter the same shall apply), witness D’s testimony, and the purport of the whole pleadings.

2. The parties' assertion

A. The Plaintiff, as the Defendant’s employee, entered into a construction manpower supply contract (hereinafter “instant contract”) with D representing the Defendant, and if the Plaintiff pre-paid daily wages to the parts of the Plaintiff, the Plaintiff supplied the parts of the Defendant at each construction site of this case as the Defendant performed in the manner that the Defendant would pay the service expenses in a lump sum from the Defendant at the end of each month.

Accordingly, the total amount of KRW 518,890,00 ( KRW 474,662,00,00 at the Friart Construction Site 42,068,00 at the H Housing Construction Site 2,160,000 at the H Housing Construction Site 144,698,180,000 at the site of Griart Construction Site) has accrued. Since the Defendant received only the total of KRW 144,698,180 from the Defendant and did not receive the remainder, the Defendant is liable to pay the remainder of the service cost to the Plaintiff.

B. The defendant did not have entered into the contract of this case between the plaintiff and the plaintiff. The defendant's vice president of G Dora and H housing construction was executed individually by the defendant's vice president I, and there was no fact that the defendant was involved, and the F Dora Corporation was awarded a subcontract for reinforced concrete construction to D, and it was supplied with the letter by the plaintiff himself.

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