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(영문) 부산지방법원 2019.05.22 2018가단309312

임금

Text

1. Defendant S Co., Ltd. shall pay to the Plaintiffs each corresponding amount of money and each corresponding amount of money indicated in the attached Table column.

Reasons

1. Claim against Defendant S&C

A. Indication of Claim: The Plaintiffs’ claim for wages that were not received from February 1, 2017 to October 31, 2017.

Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act)

2. The plaintiffs in the claim against the defendant T are the primary cause of claim, and they were unable to pay wages to the plaintiffs who are workers due to the reasons attributable to the defendant T Co., Ltd. (hereinafter "the defendant T"), which is the contractor of the defendant T Co., Ltd. (hereinafter "the defendant T"), so they claim that the defendant T is jointly and severally liable to pay the unpaid wages to the plaintiffs pursuant to Article 44(1) and (2) of the Labor Standards Act and Article 24(1) of the Enforcement Decree of the same

According to the overall purport of the statement and arguments of the evidence Nos. 1 through 4, it is recognized that Defendant T has paid all the construction cost under the contract to Defendant S., and there is a lack of evidence to deem that Defendant T has not paid the contract amount on the payment date specified in the contract without justifiable grounds. Therefore, the Plaintiffs’ primary cause of claim is without merit.

The plaintiffs asserted that, as they promised to pay wages directly to the plaintiffs, they are obligated to pay unpaid wages to the plaintiffs.

On the other hand, there is no evidence to acknowledge the fact of the above direct payment agreement, and the plaintiffs' above preliminary claim is not justified.

3. Conclusion, the plaintiffs' claims against the defendant S are accepted, and the claims against the defendant T are dismissed.