beta
(영문) 인천지방법원부천지원 2016.05.04 2014가합6618

임금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. From June 2010 to July 2013, the Plaintiff entered into a labor contract with the Defendant (hereinafter “instant contract”) and received labor costs from the Defendant while performing the work of performing construction of steel structures, windows, etc. using materials provided by the Defendant.

On September 10, 2011, 41. 41,64,348,54 (A-B) 1,101,49,494 (i.e., exemption from full amount) 1,101,494 (i.e., 31,628,834, 814, 814,020) 1,101,494 (i.e., exemption from full amount) 76,223,200, 50,46, 208, 256, 92. 94,508,508,492 (i.e., 25,756,92,9268,751,500), 468,747,794,747,74637,741,637,2947,279,747,2947,2747

B. The Plaintiff and the Defendant have settled labor costs over four times from 2011 to 2013. At the time of the aforementioned settlement, the main contents of the settlement statement issued by the Defendant to the Plaintiff (hereinafter “instant settlement statement”) are as follows:

[Reasons for Recognition] Evidence No. 1, Evidence Nos. 1 to 3, and the purport of the whole pleadings

2. The parties' assertion

A. The gist of the Plaintiff’s assertion (Cause of Claim) is that the Plaintiff agreed to be paid labor cost pursuant to the “unit price table” (hereinafter “instant unit price table”) with the Defendant and provided labor to the Defendant. On November 201, 2013, the Plaintiff received the instant settlement statement from the Defendant, upon completing the transaction with the Defendant.

However, in the instant settlement statement, there are parts that were calculated as lower than the unit price on the instant unit price table as shown in the attached sheet, and that were unfairly deducted from the labor cost even though the Plaintiff provided labor was not obligated to bear the labor cost, and that were not unfairly deducted from the labor cost.

Therefore, the Defendant’s total labor cost of KRW 250,962,048 on the instant settlement statement (i.e., the amount of KRW 41,64,348 on September 10, 201) was KRW 76,223,200 on September 13, 2012 and KRW 68,751,50 on December 31, 2012. 64,343,00 on November 25, 2013) under the instant settlement statement.