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(영문) 대구지방법원 2019.01.09 2018나304296
기타(금전)
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. Defendant Republic of Korea ordered “D Corporation” to Co., Ltd. (hereinafter “C”) on December 10, 2013.

B. C subcontracted civil engineering and construction works among the above construction works to E Co., Ltd. (hereinafter “E”).

C. The Plaintiff, who is engaged in job placement business, entered into a human resources supply contract with E, and sent construction workers to the said site of civil engineering and construction works performed by E. D.

Defendant B Co., Ltd. (hereinafter “Defendant B”) succeeded to “D Corporation” by C around October 2014.

E. On November 4, 2014, the Plaintiff received KRW 12,594,870 from Defendant Korea, respectively, and KRW 8,630,000 from Defendant B on January 5, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 2, 16, 17, Eul evidence 1, 2, 6, 9, and the purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion concluded a human resources supply contract with E, and sent construction workers to E from April 2014 to October 2014. As C and E were in arrears around October 2014, Defendant Republic of Korea agreed to pay labor costs directly to the Plaintiff.

In addition, Defendant B agreed to pay labor costs directly to the Plaintiff while succeeding to the remaining construction from C after the default of payment by C.

The Plaintiff paid construction workers KRW 6,720,00 for labor cost, KRW 12,594,870 for September, 2014, and KRW 8,630,00 for October, and KRW 8,670 for October, 2014 from the Defendant Republic of Korea, respectively. On November 4, 2014, the Plaintiff received KRW 8,630,00 for labor cost for October, 2014 from the Defendant B, respectively.

Therefore, according to the direct payment agreement on labor costs, the Defendants should pay the Plaintiff the labor cost of KRW 6,720,000 and the delayed payment damages for August 2014.

B. As seen earlier, Defendant Republic of Korea paid KRW 12,594,870 to the Plaintiff on November 4, 2014, which was the claim against Defendant 1 for determination.

However, the above facts and evidence submitted by the plaintiff or witness of the first instance court.

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