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(영문) 서울중앙지방법원 2016.05.19 2015가단196104

노무비

Text

1. Defendant Samju Construction Co., Ltd. shall pay to the Plaintiff KRW 21,208,00 as well as its full payment from December 8, 2015.

Reasons

1. At the request of Defendant Samsung Construction Co., Ltd., the Plaintiff engaged in the business of supplying human resources, arranging employment, etc., with the trade name of Defendant Samsung Construction Co., Ltd., the Plaintiff supplied the mold trees, etc. from February 2015 to August 2015, and accordingly, the Plaintiff incurred labor costs of KRW 40,293,000 among them, but there is no dispute between the parties that only KRW 19,085,000 among them and the remainder of KRW 21,208,00 not paid.

Therefore, Defendant Sam Jong Construction Co., Ltd is obligated to pay to the Plaintiff the remainder of the labor cost of KRW 21,208,000 and delay damages therefor.

2. The Plaintiff asserted that, as the Defendant International Asset Trust Co., Ltd. ordered the instant construction project as the place of ordering the instant construction project, Defendant Samsung Construction Co., Ltd., the Plaintiff should be jointly and severally liable for the unpaid wages pursuant to Article 2 of the Framework Act on the Construction Industry and Article 44-2 of the Labor Standards Act.

However, the data submitted by the Plaintiff alone are insufficient to recognize that the Defendant International Asset Trust was ordered to the instant construction, or that the instant construction was ordered to the Defendant Sam Jong Construction Co., Ltd., and there is no other evidence to acknowledge it.

Therefore, the plaintiff's claim based on this premise cannot be accepted.

3. The plaintiff's claim against the defendant Sam Jong Construction Co., Ltd. is accepted, and the plaintiff's claim against the defendant Sam Jong Construction Co., Ltd. is dismissed.