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(영문) 서울동부지방법원 2017.05.10 2016나3227

임금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. On October 30, 2014, the Defendant subcontracted the instant construction project for one section, onecheon and Partitioned Corporation (hereinafter “instant construction”) contracted from Daewoo Construction Co., Ltd. to C Co., Ltd. (hereinafter “C”).

(hereinafter “instant subcontract”). The Plaintiff provided labor to the instant construction site by March 17, 2015.

[Reasons for Recognition] Facts without dispute between the parties, entry of Eul evidence 1, purport of the whole pleadings

2. The Plaintiff, who was directly employed by, and provided labor to, a non- C at the construction site of this case by March 17, 2015. The Plaintiff asserted that the total amount of wages from January 2015 to March 17, 2015 was not paid KRW 7,125,000, and sought payment.

The fact that the Defendant purchased four major insurance for the period during which the Plaintiff worked at the construction site of this case by making the Plaintiff as his employee, and that the Defendant paid the Plaintiff wages to the Plaintiff by December 2014 after withholding wage and salary income tax and resident tax, etc., was paid directly to the Plaintiff by December 2014, may be acknowledged by the respective statements in Gap evidence 13, Gap evidence 16, and Gap evidence 17.

However, according to the purport of the oral argument in the evidence Nos. 1 through 4 above, C shall pay the construction work of this case from the Defendant at KRW 1,256,70,000, and the payment of the price shall be made once a month based on the base value. The daily wages of daily workers shall be reported by the Defendant on the settlement date, and shall be paid to the employee himself/herself after deducting the contract cost, resident tax, and four insurance cost. Accordingly, if C sent by e-mail the monthly progress payment, including individual wages, to the Defendant, by arranging the monthly progress payment for the month including the monthly wage of the employee received from C, the Defendant shall transfer the monthly wage calculated by deducting the tax, and the remaining progress payment shall be paid to C.