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(영문) 창원지방법원 통영지원 2018.02.20 2017가합10790

임금

Text

1. The Defendant stated each amount in the “total amount of overdue wages” column for each Plaintiff’s separate sheet 2 and each of them on August 2017 to the Plaintiffs.

Reasons

1. Facts of recognition;

A. The defendant is the employer who operates B, which is a subcontractor of Daewoo Shipbuilding Marine Co., Ltd., and the plaintiffs are the workers who provided their labor in B.

B. The Plaintiffs were not paid wages from the Defendant on April 2017 and May 2017, and the amount was as set forth in attached Table 2.

[Judgment of the court below] The facts that there was no dispute over the ground for recognition, Gap evidence Nos. 1 through 83 (including the number of branch offices; hereinafter the same shall apply), the purport of the whole pleadings

2. According to the facts of recognition of the above obligation to pay wages, the defendant is obligated to pay the plaintiffs the unpaid wages stated in the "total amount of overdue wages" column for each of the plaintiffs in attached Form 2 as well as damages for delay calculated at the rate of 15% per annum from August 5, 2017 to the day of full payment, as requested by the plaintiff.

As to this, the defendant asserts that the plaintiffs are individuals who provided services to the defendant, not workers, but the defendant is not obligated to pay wages. However, according to each of the Gap evidence No. 82, the defendant entered into a labor contract under the name of "labor contract" with the plaintiffs, and the plaintiffs provide labor to the defendant, and the defendant agrees to pay wages to the plaintiffs. In light of this, the plaintiffs are determined to be workers who provided labor to the defendant

Even though the nature of labor provided by the Defendants is so-called “contract” form, such circumstance alone is insufficient to avoid or delay the payment of the price to the Plaintiffs, and thus, the above assertion by the Defendant is without merit.

3. It is so decided as per Disposition by citing the plaintiffs' claims for conclusion on the grounds of all the grounds of appeal.