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(영문) 대전지방법원홍성지원 2015.06.30 2014가단314
추심금
Text

1. All of the lawsuits shall be dismissed by the remaining designated parties, excluding the plaintiff (appointed parties);

2. The plaintiff (appointed party).

Reasons

1. The plaintiff and the designated parties asserted that the plaintiff and the designated parties were awarded a contract to the defendant for the new construction of Category C on land outside B and one parcel, and the defendant subcontracted D Co., Ltd. (hereinafter referred to as the "D") with D for the construction of reinforced concrete and sub-construction during the construction of new lots. The defendant discontinued D's construction due to unfair reasons and failed to pay wages to the plaintiff and the designated parties who are workers. The defendant is jointly and severally liable with the subcontractor if the subcontractor fails to pay wages to workers due to the reasons attributable to the subcontractor when the project is executed based on multiple contracts.

(hereinafter omitted) As an immediate upper-tier contractor responsible for a cause attributable to D, the Plaintiff and the selector filed the instant lawsuit by asserting that they are jointly and severally liable to pay each wage in the column of “request amount” listed in the attached Table.

2. We examine the judgment on the defense before the merits of the case, and it is clear that the designated parties filed the lawsuit of this case with A as the designated parties, but the designated parties did not submit the documents confirming that the designated parties appointed A as the designated parties, even though they did not file the lawsuit due to the genuine intent of the designated parties. This court also requested the Plaintiff to submit data, such as a certificate of personal seal impression, which enables the designated parties to verify their intent to file the lawsuit on several occasions, but it is evident that the Plaintiff failed to submit them.

Furthermore, according to the evidence Nos. 6, 7, and 8 of Eul, the court below accepted the confirmation of the delayed payment amount of E, F, G, H, I, J, K, L, M, M, N, P, Q, Q, R, T, and U from among the selected parties, “the Plaintiff, a business entity, has not employed the aforementioned designated parties and has not paid wages” and received the confirmation amount of the delayed payment amount against the original Defendant and D as the Daejeon District Court 2014Ka13652.

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