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(영문) 부산고등법원 2016.04.06 2015나55731

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. Facts of recognition;

A. On April 10, 2014, the Defendant awarded a contract to D for the part of the molding construction among reinforced concrete construction work performed by D among the reinforced concrete construction work site B, to KRW 2.82 billion, and in relation to the method of paying the construction cost, the Defendant agreed that D shall have D represent D as his/her employee and be delegated his/her right to receive wages from individual employees, and that D shall pay wages by calculating the amount of wages to D based on the daily quantity.

D From April 2014 to December 2014, 2014, at the monthly intervals of the above construction, D received wages from the Defendant as a lump sum of workers, and in relation thereto, a letter and receipt was prepared and issued to the Defendant that all labor costs were received during the pertinent period as a representative of workers.

B. The Plaintiff was engaged in the business of supplying human resources to the construction site with the trade name of “C”. However, upon receiving a request from D to supply human resources to the mold dissolution and rearrangement of the construction site and the part of the fixed money construction (hereinafter “instant part of construction work”), the Plaintiff invested his employees in the instant part of construction work.

The Defendant, at the monthly intervals of December 2014, at the request of D, paid the Plaintiff wages directly invested in the instant construction work at the intervals of one month. In this regard, the Plaintiff, as the representative of the employee, prepared and issued a letter of statement and receipt that the Plaintiff received all labor costs during the pertinent period.

C. The Plaintiff supplied human resources by February 28, 2015 to the instant construction work, and the Plaintiff did not receive wages from D on January 1, 2015, and the Defendant also rejected payment of wages during the said period on the grounds that the construction cost to be paid to D was exceeded.

[Based on recognition] Gap evidence Nos. 1, 2, 5, Eul evidence Nos. 1 to 13 (including each number), D's testimony and whole pleadings.