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(영문) 광주지방법원 2015.01.16 2014가단913
노무비
Text

1. Defendant C Co., Ltd and E shall jointly and severally pay to the Plaintiff KRW 84,241,00 and the Plaintiff shall be fully paid from November 7, 2014.

Reasons

1. Basic facts

A. Defendant B contracted “F Corporation” from the Korea Teachers Pension Corporation on December 2012, and subcontracted the relevant reinforced concrete construction work to Defendant C on March 2013.

B. In the process, the Korea Teachers Pension, the defendant B, and the defendant C agreed that the Korea Teachers Pension Foundation shall pay the subcontract price or labor cost directly to the defendant C.

C. Around May 2013, the Plaintiff entered into a contract on daily workers supply with Defendant C and “the details that the Plaintiff provided daily workers at the above construction site and received labor expenses from Defendant C,” and had the daily workers supply and work at the above site from around that time to December 2013.

Since then, the Plaintiff requested not only Defendant C but also the Korea Teachers Pension Foundation, Defendant B, etc. to pay labor costs, and suspended work around August 2013.

E. Accordingly, Defendant C received a direct payment passbook from Defendant C and kept it. Defendant D, the representative director of Defendant C, deposited the subcontract price into the said passbook on December 9, 2013, and used it for other purposes, such as withdrawing it next day and remitting it to his family members.

[Ground of recognition] Uncontentious facts, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1, 2, and 3, witness G, H, and I's testimony, fact-finding results in this court's inquiry into agricultural cooperatives, the purport of the whole pleadings

2. According to the above facts of recognition as to the claim against Defendant C’s difficulty, Defendant C is obligated to pay the amount equivalent to the unpaid labor cost to the Plaintiff, unless there are special circumstances, as the party to the above daily-paid worker supply contract.

As to this, Defendant C provides Defendant B with a direct payment passbook for the subcontracted construction work, and let Defendant B directly pay labor costs after October 2013 to the Plaintiff, etc.

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