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(영문) 창원지방법원진주지원 2016.02.19 2015가단1976

임금 등

Text

1. The defendant against the plaintiffs as to each of the corresponding amounts in the claim column in the annexed claim list and each of the above amounts.

Reasons

1. Facts of recognition;

가. 당사자의 지위 1) 피고는 토목건축공사업 등을 목적으로 하는 회사로서 O로부터 진주시 N 소재 O 내의 시설 공사를 수급하였고, 위 공사 중 형틀, 철근, 비계 가설공사(이하 이 사건 공사라고 한다

(2) The remainder of the plaintiffs except the plaintiff M are those employed by P to provide labor in the construction site of this case, such as the number of trees, steel bars, sculptures, etc., and the plaintiff M is those who supply R, S, T, U, V, W, and X for the construction site of this case while operating a mutual job placement office of Q in Sacheon-si.

(b) A standard subcontract agreement of construction works concluded with the defendant and P;

1. Construction name: Y facility construction;

2. Construction site: N (O) at Jinju.

3. Construction period: Amount of contract on November 30, 2014, completion on August 20, 2014: 195,000 won for supply value of 214,50,000,000 won for supply, and value-added tax of 19,50,000,000 won for value-added tax.

5. Method of paying the contract amount:

(a)payment on the basis of a climatic height;

(b)Direct payments of labor costs;

6. Details of construction: Around August 2014, the Defendant entered into a contract with P in relation to the instant construction project as follows, with regard to the type mold, steel bars, and non-permanent installation works:

(hereinafter “instant contract”). C.

The Plaintiffs’ wage payment details 1) The remaining Plaintiffs except the Plaintiff M provided labor at the construction site of this case, but did not receive a total of KRW 17,300,000 from P as indicated in the [Attachment No. 1 through No. 12 of the Claim Amount Table. 2] Plaintiff M supplied R, S, T, U,V,W, and X to the construction site of this case, and paid the said parts KRW 2,750,000 in total of wages, but did not receive the said amount from P.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 (Evidence 1)

2. Determination on the cause of the claim

A. Relevant legal principles 1. Labor Standards Act.

참조조문