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(영문) 부산지방법원 2016.09.09 2016나1721
임금
Text

1. All appeals filed by the plaintiffs (appointed parties) and the designated parties are dismissed.

2. The costs of appeal are assessed against the Plaintiff (Appointed Party) and the Plaintiff.

Reasons

1. Basic facts

A. On June 7, 2011, the Defendant was awarded a subcontract for the mold and the two sections for the construction of steel bars (hereinafter “instant construction”) from among the H-type housing construction works located in the Seogu Seo-gu Incheon Metropolitan Government (hereinafter “Shee Construction”) with the construction cost of KRW 6.45 billion and the construction period from June 10, 201 to February 28, 2013.

B. The Plaintiff and the designated parties provided the Defendant’s instant construction work with the mold molding labor.

C. On July 20, 2012, the Defendant consented to the direct payment of KRW 117,621,823 in total, including labor costs, service costs, and expenses incurred in connection with the instant construction from May 1, 2012 to June 30, 2012 (hereinafter referred to as “the first direct payment consent”) to the claimant, and on September 21, 2012, the Defendant directly pays to the claimant for the instant construction costs from July 1, 2012 to August 31, 2012.

“Written consent to the direct and non-performance of subcontracting (hereinafter referred to as “the second written consent”) respectively. D.

The instant construction was terminated on September 10, 2012, and around March 2014, approximately one year and six months thereafter, the Plaintiff and the designated parties submitted a written petition to the Daegu District Office of Employment and Labor, asserting that “The Plaintiff and the designated parties did not receive wages from the Defendant on June 2012, 2012, work at the instant construction site.”

I, the representative director of the defendant, was investigated by the prosecution on the charge of violating the Labor Standards Act, but was issued a disposition that was not suspected on September 23, 2015 on the ground that it is difficult to deem that there was an intention to pay wages.

(No. 20683. [Grounds for Recognition] of the Daejeon District Prosecutors' Office, 2015, 2015, 1, 1 through 7, and the purport of the whole pleadings.

2. The plaintiff and the appointed parties on their arguments and on their decisions are the case from the defendant.

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