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(영문) 수원지방법원 2016.06.16 2015가단38084

임금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion

A. On July 11, 2012, the Defendant, via B, etc., had the Plaintiff recruit approximately 170 human resources for security guards in Scheon-si C, and had the Plaintiff work at the place and time for the Defendant directed and designated.

B. In addition to paying wages, etc. to the human resources recruited by the Plaintiff, the Defendant agreed to pay the Plaintiff a fine of 18,810,000 won (day 110,000 won x 171) in total, and a fine of 12,50,000 won in total, which was paid by the Plaintiff to the Defendant on behalf of the Defendant, when the human resources employed on the said D on-site with the Defendant’s former direction had been paid due to the violation of the Punishment of Violences, etc. Act (joint injury) by sealing in fighting.

C. Therefore, the Defendant is obligated to pay to the Plaintiff KRW 31,310,000 ( KRW 12,500,000) and damages for delay.

2. In full view of the purport of the argument in Gap evidence No. 1, the defendant received a request from Eul, the president of the religious affairs division, to open the above door door of Eul, and from the opposing members so that he can occupy the above spathy waterworks by suppressing the above spathy, and the above spathy service personnel were mobilized by approximately 200 guards, including G, and the above spathy service personnel were shared on July 13 and 25, 2012 and caused them to enter the above spathy and inflict an injury on the believers who prevented entry in the process. Accordingly, the fact that Eul et al. received a summary order such as a fine of KRW 3 million due to the violation of the Punishment of Rady Acts, etc. Act (joint residence) and the violation of the Punishment of Violences, etc. Act (joint injury) on June 4, 2013 can be acknowledged.

However, the plaintiff, not the defendant, was awarded a contract for recruitment of the above security service personnel by H (B) and the plaintiff demanded the defendant to pay wages and fines due to the recruitment of the above manpower, but the defendant promised to pay wages and fines to the plaintiff.