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(영문) 수원지방법원 2019.09.04 2018나90398

임금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The parties' assertion

A. On April 3, 2017, Plaintiff 20,000 won and damages for delay, which were paid to Plaintiff 2,222,20,000 won and the damages for delay, shall be paid to the Plaintiff, on the site of the construction of a new house for electric power resource (hereinafter “instant construction”) in Young-gun, Gangwon-do, the owner of the building, at the site of the construction of a new house for electric power resource (hereinafter “instant construction”) and on October 17, 2017.

B. The defendant did not employ the plaintiff as the site manager.

The Plaintiff was awarded a contract with the Defendant for the instant construction work, and the Plaintiff did not use the instant construction work after receiving money, such as the value of the substitute materials from the Defendant, and as the Defendant did not complete the construction work directly, the Defendant should rather receive compensation from the Plaintiff.

2. Determination

A. First, as to whether the Plaintiff provided labor under employment to the Defendant, the following facts and circumstances can be comprehensively taken into account: (a) the Plaintiff served as a field director at the site site from April 3, 2017 to October 17, 2017 at the site of the Defendant’s construction site; (b) the Plaintiff filed a petition against the Defendant on the grounds of unpaid wages; (c) the Plaintiff prepared a written confirmation of overdue wages, etc. and business owner’s delayed payment of wages of KRW 22,200,000,000,000,000,000,000,000 won (However, in the case of violation of the Suwon District Prosecutors’ Office in Suwon District Prosecutors’ Office (including the number number; hereinafter the same shall apply) and the entire purport of each statement and oral argument, and the following facts and circumstances are as follows; (d) the Plaintiff served as the head of the site director at the site from April 3, 2017 to October 17, 2017.

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