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(영문) 청주지방법원 2015.12.03 2015나3526

임금

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The gist of the original and the Defendant’s assertion asserts that the Plaintiff was employed by the Defendant as a daily employed worker and provided labor at the construction site during the period from August 1, 2014 to December 27, 2014, the Plaintiff sought payment of KRW 1,2360,00,000, including daily allowances and meals, to the Defendant.

In regard to this, the defendant asserted that the plaintiff's husband B could not respond to the plaintiff's claim since he subcontracted the part of the instant construction work to the plaintiff's husband B, and paid the contract price, including personnel expenses, to the above B.

2. In light of the following circumstances, as alleged by the Defendant, comprehensively taking account of the overall purport of the statements and arguments in the evidence Nos. 2 and 4 as well as the following circumstances: (i) according to the “Agreement on Construction Work” (Evidence No. 2) made between B and the Defendant, as alleged by the Defendant, B appears to have been awarded a subcontract for the part of the instant construction work from the Defendant; (ii) according to the confirmation (Evidence No. 4) signed by B, the Plaintiff’s signature on the said subcontracted work and the Plaintiff’s personnel expenses were fully paid by the Defendant; and (iii) the Plaintiff itself was the time for the Plaintiff’s work at the instant construction site with the Plaintiff’s husband, as alleged by the Defendant, the part of the instant subcontracted construction work was subcontracted to the Plaintiff’s husband B and the above construction site; and even if all evidence submitted by the Plaintiff were submitted, there is insufficient evidence to acknowledge that the Plaintiff was employed by the Defendant’s daily employed worker at the instant construction site.

3. Thus, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance which has concluded as above is just.