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1. The defendant shall pay to the plaintiff 32,924,00 won with 12% per annum from September 3, 2020 to the day of complete payment.
Reasons
1. Facts of recognition;
A. The plaintiff is a company whose business objective is vocational guidance business, etc., and the defendant is a company whose business purpose is civil engineering and construction business.
B. The Defendant was proceeding with the “New E-Si, Chungcheongnam-si” in around 2019. However, upon the request of the head of the Defendant’s site site, the Plaintiff arranged the full-time workers from August 1, 2019 to March 31, 2020, and paid a total of KRW 32,924,000 on behalf of the Defendant.
【Unfounded grounds for recognition】 Facts without dispute, entry of Gap evidence Nos. 1 through 6, the purport of the whole pleadings
2. Determination as to the cause of claim
A. According to the above facts, the Defendant is obligated to pay the Plaintiff delayed damages calculated at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from September 3, 2020 to the day of full payment, with the repayment of the delegated expenses related to the wage-related expenses agreement or the payment of wages. The Defendant is obligated to pay the Plaintiff delayed damages calculated at the rate of 12% per annum from September 3, 2020 to the day of full payment after serving the copy of the complaint of this case
B. As to this, the Defendant asserts that the Plaintiff is not the Defendant but the Defendant’s partner company, such as F, G, H, I, and J.
However, according to the evidence admitted in Paragraph 1, the party who requested the above request to the Plaintiff is entitled to the Defendant’s on-site comprehensive power of attorney as to the above labor work.
Since it can be recognized that it was Nonparty K, the parties who are obligated to pay the above expenses to the Plaintiff are the Defendant (as claimed by the Defendant, the Defendant’s partner performed the confirmation of the work contents of the relevant worker).
(C) The defendant's above assertion cannot be accepted.
3. In conclusion, the plaintiff's claim of this case is legitimate, and thus, it is decided to accept it.