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(영문) 수원지방법원 2019.11.26 2019가단528646
임금
Text

1. Defendant B:

(a) As from January 14, 2018, the Plaintiff (Appointed Party) KRW 12,00,000 and its related thereto:

(b) the selector;

Reasons

1. Determination as to the claim against the defendant B

A. The Plaintiff (appointed party; hereinafter only the Plaintiff) and the Appointor D were employed by the Defendant B from October 8, 2017 to December 30, 2017, respectively, and the Appointor E were employed from October 28, 2017 to December 16, 2017. The Plaintiff did not receive wages of KRW 12,00,000,000, and the Appointor D were wages of KRW 12,285,00,00, and wages of KRW 8,295,00.

(b) Judgment based on the recommendation of confession under Acts and subordinate statutes (Article 208 (3) 2 of the Civil Procedure Act);

2. Determination as to the claim against Defendant C Co., Ltd.

A. The plaintiff's assertion C Co., Ltd. (hereinafter "the defendant C") is a corporation for the construction business, and ordered the construction to the defendant B. The defendant C Co., Ltd. is obligated to pay wages to the plaintiff and the designated parties jointly with the defendant B as the immediate upper contractor of the defendant B.

B. The fact that the Labor Agency determined that the Defendant C is liable to pay wages by deeming the Defendant C as the direct contractor of the Defendant B, and that the Prosecutor indicted Defendant C’s representative director F as a violation of the Labor Standards Act, if the overall purport of the pleading was added to the statement in the evidence No. 1.

However, according to the evidence evidence Nos. 1 and 2, it is recognized that the Suwon District Court rendered a judgment of innocence to Defendant F with the purport that “Defendant C is insufficient to recognize that Defendant C is a direct contractor of Defendant B’s office, solely on the basis of the judgment of the Labor Administration and the prosecutor’s indictment, it is insufficient to recognize that Defendant C is liable to pay wages to the Plaintiff and the designated parties as a direct contractor of Defendant B,” which is different from this, for convenience to avoid the prohibition of subcontracting between specialized construction business entities.

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