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(영문) 서울북부지방법원 2014.11.28 2014나3885

노임

Text

1. Of the judgment of the court of first instance, KRW 4,05,00 for the Defendant and 5% per annum from December 18, 2013 to June 19, 2014 for this.

Reasons

1. Determination as to the cause of claim

A. (1) The Plaintiff’s assertion (1) was employed by the Defendant from November 15, 2012 to June 2013, 2013 by the Plaintiff, and the Defendant did not receive wages of KRW 5,395,00 in total from among the new construction works of the building that the Defendant contracted for, and thus, the Defendant is obliged to pay the Plaintiff KRW 5,395,00 and delay damages.

(2) The defendant's assertion that he contracted to C during his contracted construction work, etc., and the plaintiff was employed by C, and therefore, C is obligated to pay the plaintiff's wage, and the defendant has no obligation to pay it.

In addition, since the output report submitted by the plaintiff (Evidence A 6) can be prepared voluntarily by the plaintiff and C, it cannot be trusted.

B. Comprehensively taking account of the overall purport of pleadings as to Gap evidence Nos. 2, 4, and 3, Gap evidence Nos. 1 and 6, and Eul evidence Nos. 1 and 1 and Eul evidence Nos. 3, the defendant contracted for construction of multi-household house in Dobong-gu Seoul Metropolitan Government from Aug. 2012 to Jul. 2013, and construction of two new units of multi-household house, joint house building, personnel unit, and re-unit building in Dobong-gu in Dobong-gu. ② The defendant requested the defendant to perform the above construction work for long time among the above new units of construction work, and the defendant notified the defendant of the above construction work with the plaintiff and E, and the defendant to perform the above construction work. The plaintiff and the defendant agreed to receive KRW 1,70,000 per day, and KRW 1,000 per day from Aug. 1, 2012 to July 2013, the plaintiff agreed to pay the above construction work price for each of the above construction work.