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(영문) 청주지방법원충주지원 2017.09.13 2017가단1342
임금
Text

1. The Defendants shall jointly and severally state the claim amount column in the separate sheet to the Plaintiff (Appointed Party) and the Appointeds.

Reasons

Comprehensively taking account of the following circumstances acknowledged in Gap evidence Nos. 1, 2, and 3 as a whole, the plaintiff (appointed party; hereinafter "the plaintiff") and the designated parties are acknowledged that the defendant C Co., Ltd. (hereinafter "the defendant Co., Ltd.") was employed by the defendant B as a subordinate beneficiary of the defendant Co., Ltd. in relation to the protocol, design, and field of the "D" construction site, and there is no counter-proof. The above recognition is insufficient to reverse the above evidence solely on the evidence Nos. 1, 2, and 3.

① According to the business owner’s confirmation (Evidence A) such as delayed payment of wages, etc., written by the Daejeon Regional Employment and Labor Agency, the Plaintiff and the designated parties were employed and work by the individual architect B, and the Defendant Company was recognized as a lawful and direct constructor under B.

② On June 5, 2017, E, the representative director of the Defendant Company, had prepared a letter of undertaking to pay the amount of unclaimed construction work on the D site by June 20, 2017, subject to submission of a written withdrawal of wage in arrears to the Plaintiff and the designated parties.

③ From August 2016 to January 2017, the Defendant Company transferred money to the Plaintiff and the designated parties by means of account transfer, which appears as wages during a period between the Plaintiff and the designated parties.

Furthermore, in full view of the purport of the entire pleadings as to the amount of wages which the Plaintiff and the designated parties did not receive to the Defendants, the Plaintiff and the designated parties can be recognized that each money in the claim column in the attached list was not received by the Plaintiff and the designated parties.

Therefore, Defendant B as an employee of the Plaintiff and the Appointor, and the Defendant Company as a direct contractor of Defendant B under Article 44(1) of the Labor Standards Act, jointly and severally, works for the Plaintiff (Appointed Party) and the Appointor as to each of the money recorded in the claim amount column in the separate sheet and each of the said money.

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