beta
(영문) 울산지방법원 2019.10.10 2019가합10299

임금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff asserted that: (a) around February 1, 2011, the Defendant paid KRW 6 million per month to the Plaintiff when the Plaintiff conducted on-site management work at the construction site of the C Site Development Project; (b) concluded a labor contract under which the Plaintiff shall pay the said wages in lump sum if the said site development project is completed and the sale price enters; and (c) as the Defendant’s worker from February 1, 201 to December 31, 2018, the Plaintiff worked as the site manager at the construction site of the C Site Development Project.

Although the above site creation project was completed around June 15, 2015, the defendant did not pay wages, etc. to the plaintiff until now. Thus, the defendant is obligated to pay the plaintiff wages of KRW 570 million and retirement allowances of KRW 46,490,131 (= KRW 570 million) during the above period to the plaintiff (= KRW 46,490,131). The plaintiff is demanding payment of KRW 250,000 as part of the claim.

2. The plaintiff's assertion is not sufficient to acknowledge that a labor contract was concluded between the plaintiff and the defendant, as alleged by the plaintiff, on the sole basis of the records of evidence Nos. 3, 3, 6, 7, and 8, and witness D and E, and there is no other evidence to acknowledge it. Thus, the plaintiff's assertion is without merit without further review.

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.