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(영문) 수원지방법원 2019.01.08 2018나58035

임금

Text

1. All appeals filed by the Plaintiff and the Defendants are dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

1. The parties' assertion

A. From March 2014 to November 201, 2014, the Plaintiff asserted that the Plaintiff worked as a field agent at the “D Corporation (hereinafter “D”) site,” which was ordered by the Ansan-si waterworks business office, as the construction site agent at the “D Corporation” (hereinafter “instant construction”). Although Defendant B Co., Ltd (hereinafter “Defendant B”), the construction company was actually Defendant C Co., Ltd (hereinafter “Defendant C”).

The Plaintiff entered into an employment contract with the Defendants to receive KRW 3 million per month at the construction site of this case and worked as an employee. As such, the Defendants are jointly and severally liable to pay the Plaintiff the unpaid wages of KRW 22,00,000 and the delay damages therefrom.

B. It was true that the Plaintiff’s assertion was registered as a field agent at the construction site of this case. However, the Plaintiff and the Defendants agreed to lend the Plaintiff’s certificate of civil engineering engineer, and in return, the Defendants agreed to pay only four premiums to the Plaintiff on behalf of the Plaintiff, and there was no actual work at the construction site of this case.

Therefore, the Plaintiff’s assertion of wage payment against the Defendants is without merit.

2. Determination

A. The Plaintiff was registered as the field agent at the instant construction site from April 2014 to October 2014; Defendant B paid total of KRW 686,000 with the Plaintiff’s national pension insurance premium, and total of KRW 14,910 with health care insurance premium during the said period, or may be recognized according to the entries in the evidence No. 1 (including a provisional number; hereinafter the same shall apply) and the purport of the entire pleadings. The Plaintiff filed a petition with the Korea Employment and Labor Agency for the instant construction in violation of the Labor Standards Act with the Defendant B as to the instant construction. However, the head of the Korea Employment and Labor Agency of the Korea Employment and Labor Agency of the Korea Medium-B sent a notice to the Plaintiff on April 14, 2016, stating that the Defendant B’s violation is not recognized, and the said notice was given.

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