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(영문) 대전지방법원 2014.02.14 2013가단11260
임금
Text

1. The Defendant shall pay to the Plaintiff KRW 22,010,000 and the interest rate of KRW 20% per annum from February 13, 2013 to the day of complete payment.

Reasons

1. Basic facts

A. The Plaintiff is a person who supplies human resources at a construction site with the trade name B.

On May 20, 2012, the Plaintiff supplied human resources to the Seo-gu District Office of Education of Daejeon District, Seo-gu, Daejeon District Office of Education for Food Services and Multi-Purpose River Construction site (hereinafter “the construction site of this case”). However, the Plaintiff did not receive the relevant personnel expenses. The Plaintiff discontinued construction due to the failure to receive wages. On June 24, 2012, the Defendant promised on the part of the Plaintiff that the Defendant would directly pay personnel expenses for the human resources (work) sent to the Plaintiff to the Yellow Sea Construction that was released by the Defendant to the Defendant on the last day of each month and that the Defendant would directly pay it on the 15th day of the following month.

The document (Evidence A 5) was prepared and delivered to the Plaintiff, and accordingly, the Plaintiff supplied human resources again at the construction site of this case. (c) On September 4, 2012, the Defendant again promises to pay from September 4, 2012 to the Plaintiff the amount of human resources expenses (work) incurred by the Plaintiff for the D middle school site on the first day of the receipt of the skills claimed by the Daejeon Seo-gu Office of Education in 2012 (nine months), and that the claims related to D middle school (site) will be preferentially paid after consultation.

The letter of commitment implementation (No. 6) was prepared and issued, stating "A". D.

The Plaintiff supplied human resources by September 18, 2012 at the instant construction site. During the aforementioned period, the Plaintiff’s wage claims amounting to KRW 28,010,000. Of them, the Defendant repaid KRW 6,000,000 on November 22, 2012, the wage claims amounting to KRW 22,010,000 still remains unpaid.

[Grounds for Recognition: Evidence A 1 to 3, Evidence A to 5 to 7 (including each number), the purport of the whole pleadings]

2. The following facts are examined on the basis of the judgment on the cause of the claim, i.e., the Defendant’s labor cost supplied to the Plaintiff at the construction site of this case twice.

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