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(영문) 대구지방법원 2019.05.29 2018나307516

임금

Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. From November 11, 2016 to December 1, 2016, the Plaintiff took parts in the factory of Jung-Eup Co., Ltd. D (hereinafter “D”) located in Jung-Eup, and carried out the unclaimed construction (hereinafter “instant construction”) as follows.

A 3rd floor floorless construction works of November 30, 2016 to December 7, 2011, 2016, consisting of nomenclatures (including the Plaintiff) working on the date of the work, consisting of nomenclatures (including the Plaintiff) work. < Amended by Presidential Decree No. 27751, Nov. 4, 2016; Presidential Decree No. 27756, Nov. 30, 2016; Presidential Decree No. 27775, Nov. 30,

B. After completion of the instant construction, the Plaintiff paid the wages calculated in 600,000 won for each part of the Plaintiff’s employees.

C. D’s representative director is the defendant’s birth E.

[Ground of recognition] Facts without dispute, Gap's statements or images as to Gap's evidence 2 through 4, 5, 7, 8 (if any, including the number; hereinafter the same shall apply), testimony as witness of the first instance court, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff’s assertion 1) agreed to receive the construction cost of KRW 600,000 for each work of the Defendant and the father per capita. The Plaintiff, upon recruiting the parts of the Plaintiff, has yet to be paid the construction cost of KRW 10,80,000. The Plaintiff also asserted that the Plaintiff had not yet been paid the construction cost by the Defendant (the Plaintiff asserted that wages were paid against the Defendant, but did not have been paid the subcontract price. This seems to be because, given the nature of the labor contract, the primary nature of the amount that the contractor received is labor cost.

Therefore, rather than inconsistency between the plaintiff's respective arguments, the plaintiff seems to seek payment of the construction cost equivalent to the wages under the labor contract against the defendant.

Therefore, the Defendant is obligated to pay the Plaintiff KRW 10,80,000 and damages for delay thereof. 2) The Defendant asserted that the Defendant only introduced the Plaintiff to D, and the Plaintiff received the instant construction by contract from D, not the Defendant.

The defendant, even if any.