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(영문) 부산지방법원 2020.07.10 2019나5311

노임

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. Basic facts

A. The Plaintiff works to dispatch human parts to the apartment construction site, etc. under the name of “C”, and the Defendant Company runs a reinforced concrete construction project.

B. The Defendant Company received a subcontract for reinforced concrete construction among the construction works of “E apartment” from D Co., Ltd., and performed the said construction work from November 2015 to August 2018 (hereinafter “instant construction work”).

C. The Plaintiff received a request from Defendant Company F’s employees F to supply the necessary human resources for the instant construction work at the request of the Plaintiff, and mobilized the human resources from April 2017 to February 2018, and had the Plaintiff work on the instant construction site.

From April 2017 to February 2018, the total wage of the husband was equivalent to KRW 61,160,000, and the Defendant Company paid the Plaintiff KRW 51,040,000 in total of the wages from April 2017 to December 2017.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 through 6 (including each number), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff Company concluded a labor supply contract with the Plaintiff through F, who is an employee of the Defendant Company, for the instant construction work. The Plaintiff, accordingly, had his/her husband mobilized and had his/her employees work, and the Defendant Company paid wages to workers dispatched from April 2017 to December 2017.

Therefore, the Defendant is obligated to pay the Plaintiff the total amount of KRW 10,120,000,000, which was not paid out of the wages of the said father on January 2, 2018 and February 2, 2018, and delay damages therefor.

B. Workers dispatched by the Plaintiff of the Defendant Company were performing the “establishment of safety facilities” of the instant construction on January 2, 2018 and February 2, 2018, and the relevant work is the business that “Company G” (hereinafter “G”).

In addition, since F, who was an employee of the defendant company, requested the withdrawal on behalf of G upon the request of G, the defendant company is the plaintiff in relation to the above work.