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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Facts of recognition;
A. At the Defendant’s request, the Plaintiff introduced, respectively, the workers indicated in the name in attached Form 1 at the construction site C from May 4, 2016 to June 30, 2016; and the workers indicated in the name in attached Form 2 at the construction site from June 1, 2016 to June 30, 2016.
B. On June 30, 2016, the Plaintiff delegated the right to receive wages from the said workers who provided labor at the construction site C and D, paid the amount indicated in the attached Forms 1 and 2’s payment record deduction column, the Defendant’s wage to be paid, in cash, to the employees on behalf of the Defendant. At the same time, the said employees paid the Plaintiff a contract placement fee equivalent to 10% of the said wage.
C. The plaintiff is the defendant.
As described in paragraph (1), the Plaintiff sought the payment of wages paid on behalf of the Defendant.
① Specifically, in relation to the wages of workers at C at the construction site, KRW 7,284,720, which is the total of KRW 1,003,680, and KRW 7,284,720, which is the sum of KRW 6,281,040, and KRW 44,61,430, which is the amount calculated by subtracting the relevant tax amount and the employment insurance amount, as stated in attached Form 2, in relation to the wages of workers at the construction site.
On August 1, 2016, the Defendant paid only KRW 43,104,740, which deducts KRW 1,556,690 from the Plaintiff’s claim amount on wages of D workers at D construction sites, for four major insurance premiums. The Defendant did not comply with the Plaintiff’s claim on wages of C workers at C construction sites.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 9 (including additional numbers), Eul evidence 3, the purport of the whole pleadings
2. Determination
A. According to the above facts, the defendant's payment of KRW 8,841,410 to the plaintiff (=amounting to KRW 7,284,720 due to the wages of the worker at C at the construction site, KRW 1,556,690 to the worker at the construction site) and this amount.