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(영문) 수원지방법원 2020.01.08 2019나51727
임금
Text

1. The defendant's appeal against the plaintiff (appointed party) and the appointed party is dismissed in entirety.

2. The costs of appeal are assessed against the defendant.

Reasons

1. Basic facts

A. The Defendant was awarded a contract for the construction of the Ilwon S Project from Gyeyang-gun.

B. The Plaintiff (Appointed) and the designated parties provided labor at the construction site of earth and sand, boundary stone, and sidewalk block among the construction site of the said S Project.

C. On January 5, 2018 and February 5, 2018, each of the unpaid wage specifications (hereinafter “each of the unpaid wage specifications of this case”) stated that the Defendant’s manager stated the Plaintiff (Appointed Party) and the designated parties did not receive labor costs, the Defendant’s manager confirmed U.S.’s “the work wages of the former workers H, etc.” and confirmed it. Defendant T or U.S.’s confirmation of the fact. The Defendant’s legal agent stated that “I” or “I confirm the fact.”

The period of work and wages of the plaintiffs (appointed parties) and the designated parties shall be as follows: The period of work and wages of each designated party shall be as specified in the "period of work" of the details of overdue wages in attached Form and the "average wages"

E. On August 30, 2018, the Plaintiff (Appointed Party) and the designated parties received reimbursement of each corresponding amount in the column for “paid amount” of the statement of claim for wage claim in the attached Form in Q distribution procedure from the Jung-gu District Court.

[Reasons for Recognition] Facts without a partial dispute, Gap evidence 2 through Gap evidence 4, Gap evidence 6-1 to 14, Eul evidence 3, the purport of the whole pleadings

2. The assertion and judgment

A. (1) The Defendant is obligated to pay the unpaid labor cost on the ground that Twit representing the Plaintiff (Appointed Party) agreed to pay the direct labor cost to the Plaintiff (Appointed Party) and the designated parties based on the detailed statement of unpaid wages, or that the Plaintiff (Appointed Party) and the designated parties directly employed and executed construction work.

(2) After receiving a contract from Defendant Yangyang-gun with respect to Pilwon S Project, the construction of soil and sand, boundary stone, and sidewalk block was subcontracted to U during the said construction, U.S.

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