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(영문) 대구지방법원 2016.01.20 2015나7655

임금

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1. The appeal by the plaintiff (appointed party) and the appointed party is dismissed.

2. The costs of appeal are assessed against the Plaintiff (Appointed Party) and the Plaintiff.

Reasons

1. The parties' assertion

A. 1) The plaintiff and the designated parties asserted 1) The plaintiff and the designated parties shall be the accommodation facilities located in the Gyeongcheon-gun K in the Gyeongcheon-gun (hereinafter "the building of this case") between the defendant C who represented the plaintiff B or the network B.

(2) As to new construction works, the Plaintiff, Selections E, F, G, and H agreed to provide each labor service of KRW 150,000 per day, 10,00 per day, and 10,000 per day from September 27, 2014, 3 days from October 24, 2014, and 4 days from November 6, 201 of the same year, and 10 days from November 6, 200. Accordingly, the Defendants, the heir of the network B, are liable to pay the Plaintiff and the designated parties unpaid labor costs and delay damages. Even if the above agreement is not acknowledged, the Defendants are obligated to return the amount equivalent to the above labor costs to the Plaintiff and the designated parties as unjust enrichment.

B. The Plaintiff and the designated parties asserted by the Defendants merely entered into a labor contract with L Co., Ltd. (hereinafter “L”) with respect to the construction of the instant building, and there was no labor contract or any other arrangement with the deceased B or Defendant C.

In addition, the provision of labor by the plaintiff and the designated parties was based on the labor contract between the plaintiff and the designated parties, and the defendants obtained the profits equivalent to the labor cost without any legal grounds.

Now, the Defendants did not pay the construction price in excess of L, thereby causing damage to L.

2. Determination

A. According to the reasoning of the judgment on the claim for payment of labor costs, the Plaintiff and the designated parties asserted that they were labor workers at the construction site of the instant building, began to work from September 27, 2014 after receiving contact with the relevant site manager, and attempted to terminate work due to the lack of the on-site crisis.