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(영문) 서울중앙지방법원 2020.11.03 2019가단5248589
노임 청구의 소
Text

1. The defendant shall enter the plaintiff D, E, F, G, H, I, J, K, L, M, M, N, P, Q, Q, S, T, U,V, W, and X in the annexed sheet "amount".

Reasons

1. Basic facts

A. The defendant is a company engaged in building work business, civil engineering work business, etc.

B. In around 2019, the Defendant received a contract from the Z to construct new facilities for the elderly (hereinafter “instant construction”) on the ground of the AA at the Namyang-si.

C. AB, on March 13, 2019, without registration of construction business under the Act, such as the Framework Act on the Construction Industry, was subcontracted by the Defendant during the construction period of KRW 225,00,000 and the construction period of KRW 15,00 from March 15, 2019 to May 15, 2019.

AC, on March 2019, without registration of construction business under the Act, such as the Framework Act on the Construction Industry, was re-subcontracted by AB for the construction cost of the instant subcontracted project (hereinafter “instant re-subcontract”) at KRW 145,00,000 and the construction period from March 15, 2019 to May 15, 2019.

E. The rest of the plaintiffs except the plaintiffs A, B, and C (hereinafter referred to as "Plaintiff D, etc.") were workers who entered into an employment contract with AC around March 2019 with the introduction of AD (the representative is AE) and were on the construction site of this case from March 2019 to July 2019.

F. The Defendant directly paid the Plaintiff’s wage up to June 2019 to the AE account that was delegated by Plaintiff D, etc. with the authority to receive wages.

G. Plaintiff D, etc. was not paid the monthly wage on July 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 7 evidence, Eul evidence 1 through 5, 8, 10 evidence, witness AC's testimony and the purport of the whole pleadings

2. The defendant's defense prior to the merits did not prove that the plaintiffs' attorney was delegated the power of attorney from the rest of the plaintiffs except the plaintiff A, and thus, the above plaintiffs' lawsuit is unlawful as it was filed by a person who did not have the power of attorney.

In addition, it is possible to see the contents of evidence Nos. 13, 14, and 15 and the whole purport of the pleadings.

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