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(영문) 의정부지방법원 2016.01.14 2015나9500

임금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On January 31, 2011, the Defendant determined B as the Korea Electric Power Corporation (hereinafter “instant construction”) and received a contract from the Korea Electric Power Corporation as KRW 854,129,570 (including value-added tax).

B. On February 7, 2011, the Defendant subcontracted the instant construction project to C Co., Ltd. (hereinafter “C”) with the cost of construction KRW 500 million (including value-added tax) and drafted an agreement to externally perform construction works under the Defendant’s name in order to avoid the blanket subcontract prohibition provisions under the Electrical Construction Business Act, and entered into an agreement with the Defendant that “5........ the number of required persons on the spot shall be assigned under the Defendant’

(hereinafter referred to as the “instant subcontract”) C.

The Plaintiff, as a worker belonging to the Defendant, subscribed to four types of employment insurance, etc., and served as a safety manager belonging to the Defendant from February 1, 201 to April 5, 2011 at the construction site of this case, and as a construction manager from the next day to December 2011.

C paid monthly wages to the Plaintiff from February 2, 2011 to April 2, 2011, which led to the aggravation of financial conditions (the Plaintiff received wages from the Defendant for May 5, 201). On July 8, 2011, the Defendant consented that the Defendant paid, on behalf of the Defendant, C’s material companies, equipment companies, workers, and deducted the direct payment from the subcontract price of the instant construction work.

E. On March 6, 2012, the Plaintiff prepared a written confirmation to the Defendant that “The Defendant was working as a safety manager at the instant site under the direction of D’s representative who actually employed the Plaintiff, and was paid part of the amount of the period of payment to C as wages,” and received KRW 5 million from the Defendant on March 7, 2012.

[Ground of recognition] Facts without dispute, Gap's 2 through 7, 11 evidence, Eul's 1 through 8, 12 through 16, 18, 19, 20 evidence, and pleadings.

참조조문