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(영문) 서울중앙지방법원 2019.10.16 2019가단5021234
공탁금 출급청구권 확인
Text

1. C Concerning KRW 82,481,870, which was deposited by Seoul Central District Court No. 2019, 1053 on January 14, 2019.

Reasons

1. Basic facts

A. The plaintiff is an individual business operator who provides job placement services under the trade name of "D", and the defendant is a corporation that provides job placement services for construction personnel.

The plaintiff and the defendant provided the placement of human resources by way of settling substitute payments and introduction fees with the payment of the construction cost which the subcontractor receives from the construction company after supplying the daily worker workers at the construction site of the subcontractor.

B. C received a subcontract for the field dismantling of a new construction site, F District Urban Development Project site, etc., and the supply of human resources from the Plaintiff for the work, and the amount of wages to be paid from the Plaintiff to the daily worker was first paid to the daily worker, and paid wages to the Plaintiff as wages paid from the construction company.

C. Around November 2018, G, who was in charge of human resources supply, payment by subrogation, settlement, etc. as an employee of the Plaintiff, introduced H to C a “D” employee, and notified C that the payment by subrogation deposited under the name of G would be deposited under H.

From November 6, 2018 to December 22, 2018, the sum of KRW 66,019,000 was transferred to C in the name of H, and KRW 106,709,000 was transferred to I who subcontracted the reorganization work by C, respectively.

The fact that the Defendant deposited the said money deposited to C in the name of H was the Defendant’s funds and demanded the Defendant to pay substitute payments and fees, and C deposited KRW 82,481,870 as the Seoul Central District Court No. 1053 on January 14, 2019, the Defendant deposited the deposited money with the Plaintiff or the Defendant as the obligee’s non-creditor.

[Ground of recognition] Facts without dispute, Gap 1 through 6 evidence, Eul 4 evidence (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff is a construction-day worker to the Plaintiff C.

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