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(영문) 서울중앙지방법원 2018.05.15 2017나1737
노무비청구의 소
Text

1. The judgment of the court of first instance is modified as follows.

Defendant: (a) KRW 2,500,000 to Plaintiff A; and (b) KRW 1,955,00 to Plaintiff D.

Reasons

1. Basic facts

A. On March 18, 2015, the Defendant entered into a contract for construction works with Q and the Defendant setting the construction cost of KRW 450,000,00 with respect to the wooden steel reinforced concrete shipbuilding works (hereinafter “instant construction works”) among the construction works for new buildings in Geumcheon-gu Seoul Metropolitan Government L-gu L-based L-based L-based L-based buildings.

B. Subsequent to Q’s subcontracting of the instant construction project, Q subcontracted to R the steel part process among the remainder of the construction process, except for those entrusted to the direct management of Q himself (including fork, crain, pumps, pumps, miscellaneous materials, food costs, and removal costs). The steel part process was subcontracted to S and the Plaintiff, respectively.

C. From May 2015 to October 2015, the Defendant: (a) verified the labor party’s wage by the process of each of the immediately preceding month in relation to the adjustment of the instant construction wage between Q, R, S, and Plaintiff A from May 2015 to October 2015; (b) drafted every month a written statement that directly transfers the said amount to Q, R, S, and Plaintiff A by checking the labor party’s wage by the process, such as the direct management process, the steel part process, the steel part process, and the each type of mold part of the Plaintiff and Plaintiff A; and accordingly, (c) drafted each month a written statement that directly transfers the said amount to Q, R, S, and Plaintiff A, and accordingly, remitted the amount to August 2015. The main contents of the written statement are as follows

Considering the principle of direct remittance and the fact that labor workers can not receive direct wages due to the absence of passbooks or other personal reasons, the principle is to receive delegations and to transfer them to Q, R, S, and A (hereinafter referred to as “liabilitys”) respectively.

In addition, the responsible persons and workers are confirmed to have been paid the labor cost and the labor cost for the previous month, and the responsible persons are bound to pay all the civil and criminal responsibilities to the defendant when the problem of non-payment of labor cost occurs later, and they are not charged with all the civil and criminal responsibilities to the defendant.

In addition, the details of deposits for each worker on the delegation wage in the written statement of non-disclosure at the beginning of the following month.

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