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(영문) 대전지방법원 2016.05.20 2015나105986
임금
Text

1. Of the judgment of the court of first instance, the persons who are appointed to order the Defendant to pay the following additional amounts:

Reasons

1. From June 2013 to October 2013, the Plaintiff paid KRW 694,00, KRW 110,500, totaling KRW 110,500, and KRW 1,500, such as vehicle maintenance expenses, food expenses, meal expenses, equipment repair expenses, etc., at the Defendant’s construction site from around June 2013 to around October 2013. Since the Defendant, the site manager, agreed that the Plaintiff would pay the above sum to the Plaintiff, the Defendant asserted that the Defendant is liable to pay the said sum, so it is insufficient to recognize that the Plaintiff agreed that the Defendant would pay the said sum to the Plaintiff. Therefore, there is no other evidence to acknowledge this otherwise, the Plaintiff’s above assertion cannot be accepted without need to further examine.

2. Determination as to the claim by the selector

A. From June 14, 2013 to October 20, 2013, the amount claimed by the selectors of KRW 2,362,400 for expenses at the Defendant’s construction site shall be based on the amount adjusted in the preparatory document dated April 16, 2015.

Since the defendant's on-site captain C agreed to pay the above expenses to the appointed party, the defendant asserts that the defendant is obligated to pay the above expenses. Thus, it is insufficient to recognize that the defendant's on-site captain C agreed to pay the above expenses to the appointed party only by the statement of evidence Nos. 7, 12, and 14, and there is no other evidence to acknowledge it. Thus, the above assertion by the appointed party is without merit without any need for further review.

B. From June 14, 2013 to August 31, 2013, the selector of the portion claiming wages provided labor at the Defendant’s construction site to receive KRW 1,30,000 per day at the Defendant’s construction site, and the selector provided labor at the Defendant’s construction site on June 5, 2013; June 30, 2013; June 1, 2013; June 5, 2013; July 1, 2013; and July 5, 2013; and August 3, 5, 2013 (no specific date is specified); the amount claimed by the selector at KRW 715,00,00 in total for five-day wages (no specific date); or the amount claimed by the selector on April 1, 2015.

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