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(영문) 창원지방법원 2020.01.17 2019나52024
용역비
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. On March 5, 2018, the Plaintiff entered into a service agreement with the Defendant regarding the supply of human resources and supply of necessary human resources among the “C” construction works undertaken by the Defendant (hereinafter “instant service agreement”).

Since Article 1 of the above service contract does not verify the skills of the worker supplied by the plaintiff, it is determined that the worker participating in the above service contract shall be paid KRW 153,00 in a lump sum by applying the daily rate of KRW 153,00,000, and Article 2 specified that the defendant shall pay KRW 213,000 in the daily rate of work only for the human resources that the defendant recognizes the skills.

B. Of 59 workers supplied by the Plaintiff, the Defendant revised and paid the amount at which the Defendant applied the daily wage rate for each month of March 2018 and April 2018 to the amount of wages of some workers recognized by the Plaintiff, by means of increasing the public demand for labor in the daily wage of the Plaintiff.

(D) With respect to the wages of about 19,167,100 won for March 2018 and the wages of about 20,15,269 won for April 2018, including E, were revised and paid respectively). [Recognizing the absence of dispute, Gap evidence 1, Eul evidence 2, and 3, the purport of the whole pleadings, and the purport of the whole pleadings.

2. The plaintiff's assertion and judgment

A. The Defendant asserting that the Plaintiff’s assertion was made by applying the daily wage rate to some press officials at will. As such, the Defendant is obligated to pay KRW 17,341,231 to the Plaintiff the difference between the wages of March through May, 2018, which applied the daily wage rate for the Plaintiff.

B. According to the above facts of recognition, according to the service contract of this case, according to the contract of this case, it is agreed to determine whether to apply the unit price for assistance and skill according to the contract of this case, and the defendant revised and paid 39,322,369 won (=19,167,100 won 20,155,269 won) to some of the workers who recognized their skill in accordance with the above service contract of this case who recognized their skill in March and April, 2018.

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