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(영문) 부산지방법원 2016.04.08 2014나3921

임금

Text

1.The judgment of the first instance shall be modified as follows:

The defendant's KRW 4,750,000 to the plaintiff A and its related costs on April 2013.

Reasons

1. Facts of recognition;

A. Around 2012, the Defendant Company was a corporation operating a construction business, and was executed at the Gangseo-gu Busan Metropolitan Government D Construction Site (hereinafter “instant construction”). At the said construction site, Plaintiff A provided labor for each of the steel bars from October 10 to November 9, 2012, and Plaintiff B from October 30, 2012 to November 8, 2012.

B. The Defendant Company: (a) subcontracted the instant construction work from Tcom Construction Co., Ltd. (hereinafter “Tcom Construction”); and (b) the Defendant Company, as a subcontractor, was engaged in Ho Young Construction Co., Ltd. (hereinafter “ Ho Young Construction”), other than the Defendant Company, was built at the construction site of the instant case.

C. Plaintiff A asserted that the remaining wages of KRW 3,505,00 were not paid by the Defendant Company, and Plaintiff B claimed that the remaining wages of KRW 490,500 were not paid by the Defendant Company, and around August 2013, Plaintiff B filed a petition with the Busan Regional Employment and Labor Agency on suspicion of violating the Labor Standards Act.

(hereinafter “instant petition case”). D.

On the other hand, on February 8, 2013, the representative director F of the Defendant Company prepared and delivered to the Plaintiff A a letter of payment with the following contents (hereinafter “instant letter of payment”).

A-related KRW 50% out of KRW 9,570,000 shall be paid in March 20, 2013, and the remainder shall be paid in the same year.

4. The promise to pay to 20.20.

E. On March 2013, Plaintiff A was paid KRW 5 million by Defendant Company.

F. The Defendant Company filed a lawsuit for construction cost claim against the construction of Tcomcon with the Changwon District Court 2014Gahap3146 and is currently pending in the lawsuit.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to Gap evidence 3, Eul evidence 1, Eul evidence 3-1 and Eul evidence 3-2, the purport of the whole pleadings

2. The parties' assertion

A. The primary plaintiffs at the construction site of the plaintiffs' assertion that they provided labor under the direction of the defendant company. As such, the defendant company provided the plaintiffs with labor, the remaining wages and this.

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