beta
(영문) 수원지방법원 2017.07.11 2016가단533913

임금

Text

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

2. The costs of lawsuit shall be.

Reasons

1. Under the underlying facts, Defendant J Business Facilities and Urban Residential Housing New Construction Corporation (hereinafter “instant Corporation”) awarded a contract to Defendant Won Construction Co., Ltd. (hereinafter “Defendant Won Construction”) for the instant construction work, and the Plaintiff (Appointed; hereinafter “Plaintiff”) and the designated parties performed the instant construction work from May 2015 to February 2016 at the site of the instant construction work, may be recognized if there is no dispute between the parties, or if the entire purport of the arguments in the items in subparagraphs 2 and 3 of Articles 2 and 3 were presented to the parties to the instant construction work.

2. The plaintiff and the selected parties are employed by the plaintiff and the designated parties as workers of the defendant Won Construction, and provided labor at the construction site of this case, so the defendant Won Construction shall pay the plaintiff and the selected parties unpaid wages, and the defendant Han Il Construction, as a contractor of the defendant Won Construction, is jointly and severally liable to pay wages to the plaintiff and the selected parties in accordance with Articles 44 and 44-3 of the Labor Standards Act.

However, even according to the settlement agreement of Gap evidence 1-1 and 2, which the plaintiff presented as the ground for its assertion, the plaintiff performed the work of steel processing assembly and installation at the construction site of this case in the status of the subcontractor or construction participant in the construction site of defendant Won Construction. The designated parties merely appear not to be the construction of defendant Won Construction but to be the plaintiff's contractor or worker, and there is no evidence to view that the plaintiff and the designated parties are the workers employed in the construction of defendant Won Construction as the plaintiff's assertion otherwise.

Therefore, the plaintiff's assertion based on the premise that the plaintiff and the designated parties are workers employed in the construction of defendant Won Labor is without merit.

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