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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff’s assertion that the Plaintiff received KRW 7,00,000 per month and agreed with the Defendant to work as an on-site agent for the machinery and equipment works at the site of the Defendant’s Jeju-do construction site (hereinafter “instant construction”). However, the Plaintiff received only benefits from October 2016 to December 2016, and did not receive KRW 21,00,000 in total for three months from October 2016 to December 2016, and thus, the Defendant is liable to pay the Plaintiff unpaid wages and damages for delay.
2. Determination
A. According to the evidence evidence No. 4, evidence No. 6, and evidence No. 9, the fact that the Defendant reported the Plaintiff’s employment to the Defendant’s employee and was enrolled in the National Pension Scheme until September 1, 2016, and that the Plaintiff claimed labor cost of KRW 7,00,000 to the Defendant from May 1, 2016 to September 2016, and received it from the Defendant is recognized.
However, according to the contents of evidence Nos. 1 and 11-1 through 23 of evidence Nos. 11, and the purport of the whole pleadings, the defendant reported the employment of the plaintiff to the plaintiff at the time of the construction of the Macu apartment complex without any dispute as to the conclusion of the labor contract between the plaintiff and the defendant, and the plaintiff sent to the defendant all documents, such as the statement of work process, settlement details, work log by worker, etc., each month following the completion of the construction work, and the plaintiff sent them to the defendant. Accordingly, the defendant paid labor cost, work site cost, materials cost, etc. to the plaintiff. The defendant did not differ between the plaintiff's work site and the construction site of this case. According to the demand sheet sent by the plaintiff to the defendant, it is acknowledged that the plaintiff included his labor cost, which was calculated differently from the work site of this case.