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(영문) 대전지방법원천안지원 2014.10.01 2013가단27301
노임
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination on the claim

A. The summary of the Plaintiff’s assertion was that the Defendant would pay the Plaintiff labor cost directly from July 4, 2013, and thus, from July 5, 2013.

8. A person shall be obligated to pay twenty thousand 615,00 won of wages until 15.

B. Determination 1) In fact, the following facts can be acknowledged by comprehensively taking account of the entries in Gap evidence Nos. 1 through 3 and Eul evidence Nos. 2 through 6 and the overall purport of the pleadings in the witness Eul's testimony, and the witness B's testimony that seems contrary thereto is difficult to believe, and there is no counter-proof. (A) The defendant contracted for the creation of C by the National Police Agency at Asan City to perform it.

Jung Construction Co., Ltd. (hereinafter referred to as “YA”) performed the construction of reinforced concrete (hereinafter referred to as “construction”) upon subcontracting from the Defendant among the above C Construction Works. The Plaintiff, a person who operates the development of D human resources, supplied his/her labor service workers, such as molding molds, from May 14, 2013 to June 2013.

B) A person who did not pay the Plaintiff labor cost during the above period, the Plaintiff refused to supply the work cost to the Plaintiff. Accordingly, on July 4, 2013, E, the Defendant’s on-site manager, agreed to the following (hereinafter “instant agreement”).

(1) In principle, the Defendant: (a) with respect to the unpaid amount during the instant construction, the Defendant’s specific monthly wage shall be paid directly to the Plaintiff until July 8, 2013; (b) the unpaid amount from May, 2013 to July 15, 2013; and (c) the monthly wage until July 30, 2013 to July 30, 2013; and (b) the Plaintiff shall be paid directly after receiving a written confirmation of the unpaid wage and a written consent to the direct payment of due construction. ② The Defendant shall be directly paid to the Plaintiff the input wage from July 5, 2013 to July 5, 2013; and (c) the Defendant shall attach the same written confirmation and written consent to the direct payment; and (d) the Defendant shall receive a written consent to the direct payment of the wages from May July 8, 2014 to the Plaintiff on the same day.

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