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(영문) 수원지방법원안양지원 2015.09.16 2015가단1039

임금

Text

1. The Defendant’s KRW 11,261,100 for the Plaintiff and 5% per annum from January 27, 2015 to September 16, 2015.

Reasons

1. The facts that the Plaintiff and 16 workers, including B, were put into the 103-dong roof tower structure construction (hereinafter “instant construction”) and completed the instant construction work on October 31, 2014, when the Defendant was awarded a contract from October 12, 2014 to October 31, 2014.

2. The assertion and judgment

A. The Plaintiff’s assertion 1) Around October 2014, the Plaintiff entered into an employment contract with the Defendant’s employee D, who represented the Defendant in the capacity of 16 employees, including the Plaintiff and B, to provide labor to the instant construction work, premised on the provision of accommodation. Thereafter, 16 workers, including the Plaintiff and B, including the Plaintiff, etc., were invested in the instant construction work from October 12 to October 31, 2014, and were placed in the mold work and the Defendant’s site manager’s direction. Accordingly, the Defendant was delegated with the right to receive wages from 16 workers, such as the Plaintiff and B, and the Plaintiff did not have the obligation to pay the Plaintiff the total amount of wages of 39,520,000 won (i.e., the total amount of 16 workers, including the Plaintiff and B, x 160,000 won per day x 240,000 won per day, and the remainder of 10,000 won per annum and 204.

After that, the Plaintiff had been employed by 16 workers, including B, etc. from October 12, 2014 to October 31, 2014. Accordingly, the Plaintiff paid 12,540,000 won to the Plaintiff on November 5, 2014 equivalent to a half of the total construction area. On November 201, 2014, the Defendant paid 12,540,000 won to the Plaintiff for construction cost of 114,00 won to the remainder of construction area of 114,00 won to the Plaintiff.