logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원천안지원 2015.02.03 2014가합3453
노임
Text

1. The Defendant shall pay to the Plaintiff KRW 109,176,750 as well as 20% per annum from September 26, 2014 to the day of full payment.

Reasons

Judgment

Examining the reasoning of the judgment as to the cause of the claim No. 1, No. 2, and No. 1, No. 2, and No. 3, and the purport of the entire pleadings in the testimony of the witness D, the Plaintiff, upon the Defendant’s request, can be acknowledged as follows: (a) while engaging in the business of dispatching human resources for day-time in the name of “E”, the Plaintiff dispatched workers to the scene of the construction site of the construction site of a new garment shop in the south-gu Seoul Special Metropolitan City at the request of the Defendant around 2012; and (b) the wages of the workers who the Plaintiff did not dispatch workers to the site of the new construction site are KRW 109,

According to the above facts, the defendant is obligated to pay the above KRW 109,176,750 and its delay damages to the plaintiff, except in extenuating circumstances.

The defendant's assertion that the requirements for direct payment of the subcontract price are not satisfied, the defendant asserts that the plaintiff is merely the subcontractor who entered into a subcontract with Bosco Construction Co., Ltd. or limited liability company's subcontractor who is the contractor. According to Article 14 (1) of the Fair Transactions in Subcontracting Act and Article 35 (2) of the Framework Act on the Construction Industry, the ordering person is liable to pay the subcontract price directly to the subcontractor only if there is an agreement between the ordering person, contractor, and third party. In this case, the contractor Bosco Construction Co., Ltd. or limited liability company did not agree on the direct payment of the subcontract price. Therefore, the plaintiff

According to the statement in Gap evidence 2-1 and 2, the defendant, on July 2, 2012, as the defendant, the contractor is Bosco Construction Co., Ltd., and the subcontractor is the plaintiff, on behalf of Bosco Construction Co., Ltd., the defendant, on behalf of Bosco Construction Co., Ltd., prepared a "direct subcontract payment agreement" with the purport that the defendant would directly pay 17,302,50 won to the plaintiff, and signed and sealed by the plaintiff in the above agreement. ② The defendant, on November 14, 2012, signed and sealed by the plaintiff,

arrow