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(영문) 인천지방법원부천지원 2016.06.10 2015가단27844

노임

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The Plaintiff’s assertion that Defendant B apartment self-government council (hereinafter “Defendant self-government council”) awarded a contract for the interior and exterior walls and waterproof construction of the B apartment (hereinafter “instant contract”) to Defendant Lanndong Construction Co., Ltd. (hereinafter “Defendant Company”). Although the Plaintiff entered into a labor contract for the Defendant Company and the Plaintiff, the Defendant Company did not pay the Plaintiff the total amount of wages of KRW 28,530,000,00, inasmuch as it did not pay the Plaintiff a total of wages. Accordingly, the Defendants are jointly and severally liable to pay the said contract.

2. First of all, according to the statement in Eul evidence No. 1, the fact that the contract of this case was concluded can be acknowledged. However, in light of the fact that the plaintiff, although the defendant company and the plaintiff agreed on the work order between the defendant company and the plaintiff, the plaintiff did not receive a daily allowance between KRW 130,000 and KRW 170,000 according to the content of the page that the defendant company did not receive an additional amount for the work order, and the daily allowances of other parts did not directly pay to the human body without going through the plaintiff, it is difficult to view that the evidence submitted by the plaintiff was the conclusion of the labor contract between the plaintiff and the defendant company, and there is no other evidence to recognize it otherwise.

Therefore, the prior plaintiff's assertion on a different premise is without merit to examine further.

3. In conclusion, the Plaintiff’s claim against the Defendants is dismissed as it is without merit. It is so decided as per Disposition.