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(영문) 광주지방법원 2015.02.11 2014가단516395
임금
Text

1. The Defendants shall pay to each of the Plaintiffs the amount in the column for the balance of each Plaintiff on the annexed wage payment sheet, respectively.

Reasons

1. The presumed facts are as follows: (a) from May 2010 to August 1, 2010, the Plaintiffs provided labor to the Plaintiff at the construction site for the extension of the R Hospital located in Q Q in the Jeonnam-gun; and (b) the wages that the Plaintiffs have not received until now are as stated in the amount unpaid by each Plaintiff.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, the purport of the whole pleadings

2. The claim S against DefendantO is recognized that it entered into the above employment contract with the Plaintiffs on behalf of the DefendantO.

[Reasons for Recognition] Gap evidence 2, S's testimony, and the purport of the whole pleadings, barring any special circumstance, defendantO is obligated to pay to the plaintiff the unpaid amount by plaintiff as stated in the attached Form and damages for delay.

As to this, Defendant O asserts to the effect that, since it has already paid KRW 136,00,000, including the claim amount of this case, DefendantO did not have an obligation to pay the above money to the Plaintiffs.

There is evidence No. 1 (written confirmation) as shown in the above argument.

However, in light of the fact that although the witness S did not receive the above KRW 136,00,000, he testified that he inevitably prepared and testified to receive material costs at the request of Defendant S to receive material costs, there is no evidence to deem that the said money was actually delivered to S, such as the account transfer record, etc., the witness S cannot be deemed to have been trusted, and there is no other evidence to acknowledge the fact of repayment.

Therefore, the above argument by Defendant O is without merit.

3. The plaintiffs asserted that the defendant P, who was the actual representative of the defendantO, promised to pay the wages in arrears of the plaintiffs directly to the plaintiff while issuing the certificate of Gap 2 (written confirmation) prepared in the name of the above company by the defendant P, who was the actual representative of the defendantO, to pay the above wages to the defendant P, as the defendant's actual representative,

In this regard, Defendant P only delivered the above-mentioned confirmation document prepared by Defendant P at an intentional level, and repaid.

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