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(영문) 부산지방법원동부지원 2015.11.10 2015가단8362

임금

Text

1. The Defendant’s KRW 44,360,00 for the Plaintiff and KRW 20% per annum from April 21, 2015 to September 30, 2015.

Reasons

According to the overall purport of evidence Nos. 1 through 7, 10-1 through 3, and witness B’s testimony and arguments, the Plaintiff introduced workers to the construction company, etc. with the trade name of "C" and provided job placement services for which a certain amount of fees is paid. The Defendant contracted D additional construction works from "Scopex" and appointed "B" to the head of the above construction site. The Plaintiff introduced workers to work at the above construction site, provided first wages to the Defendant on behalf of the Defendant, and agreed to receive the above amount of wages including a certain amount of wages ex post facto from the Defendant. The Plaintiff introduced workers from November 12, 2014 to February 26, 2015 in accordance with the above agreement, even if the Plaintiff paid all wages to them, the Defendant is recognized to have not paid the Plaintiff the total amount of KRW 1,470,000 among minutes on December 1, 2014, KRW 9171, KRW 4815,2015.

The head of the construction site site office, in general, is an employee who is in charge of the business related to the execution of construction at the construction site, namely, the conclusion of a subcontract agreement and the payment of the construction cost thereof, and the payment of the rent thereof, etc., in addition to the management of materials and labor related to the execution of construction, and the construction site manager at the construction site, and is in charge of the conclusion of the lease contract and the payment of the rent thereof, and is an employee with a partial comprehensive

(See Supreme Court Decision 94Da20884 Decided September 30, 1994, etc.). Therefore, since the above agreement entered into between B and the Plaintiff within the scope of the above right of representation is effective against the Defendant, the Defendant shall pay to the Plaintiff 4,4360,000 won per annum from April 21, 2015 to September 30, 2015, which is the day following the delivery of a copy of the complaint of this case, as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.