(영문) 제주지방법원 2019.10.16 2018나13967

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(영문) 제주지방법원 2019.10.16 2018나13967

체불임금등

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1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows, except for the case where the court of first instance renders a 4th to 11th of the 5th of the 5th of the 5th of the 5th of the 5th of the 5th of the 5th of the 1st judgment as follows

2. The number of output days from August 1, 2015 to September 18, 2015 of the Plaintiff and the Plaintiff’s employees is as seen earlier.

(B) The Plaintiff asserts that the daily cost per-day labor cost of the Plaintiff is KRW 205,263, as stated in the attached Form (1) and (2).

The plaintiff's average daily wage of 205,263 won per day from August 1, 2015 to September 18, 2015 claimed by the plaintiff is calculated on the basis of the total wage of 7,800,000 won (i.e., June 4, 190, July 3, 2000) received by the plaintiff for the number of days during which the plaintiff printed out from the construction site of this case between June and July 2015 (i.e., July 19) (i., June 4, 140, July 3, 2000). According to each testimony of H, I, and J of the first instance trial, the unit daily wage of 205,263 won cannot be applied to all human resources, and there is no other evidence to acknowledge the unit wage of 38 human resources labor costs.

Next, the Plaintiff asserts that the number of days of output from June 1, 2015 to July 31, 2015 of the Plaintiff and the Plaintiff’s employees is 461 days, and that ① the Defendant’s total amount of wages paid during the pertinent period should be calculated based on KRW 111,480,520 ( KRW 115,96,570, July 13, 2015; KRW 20,000,000; KRW 45,483,950, August 12, 2015; KRW 241,823,000; ② the Defendant’s calculation of the above amount of labor cost should be based on KRW 95,825,00,00, which is the total amount of wages reported to the Defendant for insurance purposes during the said period; and ② the Plaintiff’s calculation should be based on the fact inquiry of the amount of wages paid to the Jeju Special Self-Governing Province’s employment center’s total amount of KRW 2816.385,7.

However, the above evidence is examined.

참조조문

-민사소송법 제420조

유사 판례

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