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(영문) 부산지방법원 2017.11.17 2017나145
임금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. (1) On August 4, 2013, C entered into an employment contract with the original and the Defendant; and (2) on August 4, 2013, E, the owner of the above housing unit D (hereinafter “instant construction”).

(2) On September 2013, the Plaintiff and the Defendant awarded a subcontract for metal and windows during the instant construction work. (2) On September 20, 2013, the Plaintiff and the Defendant determined that their daily wages are KRW 200,000,000,000, and entered into a labor contract that stipulates that additional expenses, such as supplementary materials and expenses, should be paid (hereinafter “instant labor contract”).

3) In accordance with the instant labor contract, the Plaintiff worked as a metal creative hole from September 27, 2013 to the instant construction site, along with F, G, H, and I. 4) The Defendant agreed to succeed to the Plaintiff’s labor relationship with the Defendant, while abandoning the subcontracted construction work and settling the construction cost around November 12, 2013.

5) According to the instant employment contract, the Plaintiff’s wages against the Defendant from September 27, 2013 to November 12, 2013, when the Plaintiff worked at the instant construction site, are KRW 5 million in total (i.e., KRW 200,000 x 25 days). The Plaintiff spent KRW 1250,000 as supplementary materials and expendable goods in relation to the instant construction during the said period of work, and KRW 3.64 million in total to the Plaintiff from October 7, 2013 to November 1, 2013. The Defendant paid KRW 13 million in total to the Plaintiff from October 7, 2013 to November 1, 2013. Among them, KRW 5.9 million was appropriated for the Plaintiff’s wages, and the remainder KRW 7.1 million was appropriated for the wages of F, G, H, and I.

B. On January 7, 2015, the Defendant issued a summary order of KRW 1,60,000,000,000,000,000,000,000,000 won of the Plaintiff’s wages retired from office from September 27, 2013 to November 23, 2013 in the case of violation of the Labor Standards Act (No. 2014 high-ranking 26969) in which the Defendant filed a request for a formal trial under this court’s order and filed it on January 7, 2015 from the said court.

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