임금
1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The Plaintiff’s assertion is jointly and severally liable for the Plaintiff to pay KRW 5,00,000,000 to the Plaintiff, on September 1, 2014 to January 31, 2015, as the Plaintiff was employed by Defendant Marine Construction Co., Ltd. (hereinafter “Defendant Company”). Since Defendant B prepared an agreement by which the Plaintiff would pay the Plaintiff wages and equipment fees, the Defendants are jointly and severally liable for paying the Plaintiff the total amount of unpaid wages in September and October 2014.
2. In full view of the following facts: (a) the Plaintiff acquired a health insurance qualification as an employment provided policyholder of the Defendant Company on October 1, 2014, and lost its eligibility for the above health insurance on August 24, 2015; and (b) between the Plaintiff and the Defendant B on February 1, 2015, it is recognized that the Plaintiff prepared an agreement that “if the Plaintiff deposits KRW 14,000,000,000, including the benefits employed by the Plaintiff from September 1, 2014 to January 30, 205, and the fee for the use of equipment invested by the Bosung-gun and D Corporation, after completion of the completion of the said construction inspection, immediately pay the Plaintiff upon deposit from the ordering person.”
However, the aforementioned evidence and evidence No. 5 are as follows, namely, ① there was no labor contract between the Plaintiff and the Defendants, ② there was no specific wage of KRW 2,500,00 per month between September 2014 and January 2015, and there was no fact that the Defendants paid or withheld labor income tax between the Plaintiff. ③ The Defendants subcontracted construction from the Traamam Construction Co., Ltd. on Nov. 1, 2014, and were subcontracted construction from the said construction site to the Plaintiff using equipment, such as Poles owned by the Plaintiff. The Plaintiff appears to have carried on its own business on the Plaintiff’s own account, including seeking the payment of the user fee for the equipment used for the said construction to the Defendants and the Maam Construction Co.,, Ltd. (iv) around May 4, 2016.