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(영문) 대전지방법원천안지원 2019.05.01 2017가단9523
용역비
Text

1. Defendant D shall pay to the Plaintiff KRW 52,395,00 and the interest rate of KRW 15% per annum from August 30, 2018 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a person who provides human resources with F’s trade name.

B. On September 26, 2016, Defendant C Co., Ltd (hereinafter “Defendant C”) subcontracted the instant construction of reinforced concrete (hereinafter “instant construction”) among the construction of the H neighborhood living facilities that was contracted by G Co., Ltd. to G to I.

C. Upon introduction of Defendant E, the Plaintiff supplied D, the representative of the steel workers in the instant construction site from October 15, 2016 to November 20, 2016, with steel workers worth KRW 52,395,000.

[Reasons for Recognition] Unsatisfy, Gap 1, 2 (including virtual numbers), Eul 1, the purport of the whole pleadings

2. Determination as to the claim against Defendant D

A. Indication of claim: A claim for service charges against steel workers supplied at the instant construction site from October 15, 2016 to November 20, 2016 by the Plaintiff.

(b) Judgment by service (Article 208 (3) 3 of the Civil Procedure Act);

3. Determination as to the claim against Defendant C

A. The Plaintiff, which caused the claim, supplied human resources at the construction site of this case performed by Defendant C, and Defendant C is obligated to pay the Plaintiff KRW 52,395,000 as human resources service cost.

B. In light of the evidence No. 3, it is insufficient to acknowledge that the evidence No. 1-9 alone entered into an agreement with the Plaintiff and Defendant C to supply human resources to Defendant C, and there is no other evidence to acknowledge it. Thus, the Plaintiff’s above assertion is without merit.

4. Determination as to the claim against Defendant E

A. Upon Defendant E’s request, the Plaintiff supplied human resources at the construction site of this case (i.e., payment of labor cost to the above field laborers), and Defendant E promised to receive a service supply contract from Defendant C to the Plaintiff. If the Plaintiff did not receive the service cost, he/she would be liable.

Therefore, Defendant E is obligated to pay to the Plaintiff KRW 52,395,000 as human resource service cost.

(b).

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