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(영문) 광주지방법원 2017.01.20 2016나4064
임금 등
Text

1. The plaintiff (appointed party)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

Reasons

1. Basic facts

A. The Defendant is a stock company established for the purpose of building construction business, etc., and the Plaintiff and the designated parties provided wooden labor at the construction site of E (hereinafter “instant construction business”).

B. On November 19, 2012, the Defendant: (a) contracted the instant construction by Honam Agricultural Partnership; (b) concluded a subcontract with F Co., Ltd. (hereinafter “F”) and the period of construction from November 19, 2012 to April 30, 2013, with respect to molding construction and reinforced concrete construction (i.e., increase of KRW 47,850,000) on the same day; (c) the construction cost of reinforced concrete in KRW 320,870,00 (i.e., increase of KRW 325,886,000).

C. Around April 8, 2013, the Defendant subcontracted an additional marina packing work, etc. (hereinafter “additional work”) to F for KRW 3,937,200.

At the instant construction site, the Plaintiff worked from April 2, 2013 to June 10, 2013, while the designated parties worked for each of the following periods from April 2, 2013 to May 12, 2013.

E. From December 18, 2012 to May 23, 2013, the Defendant paid KRW 340,493,100, totaling KRW 407,673,200 (including direct payment) of the instant construction cost (i.e., KRW 325,886,850,00 reinforced concrete construction cost of KRW 325,886,937,200) to F, etc.

[Reasons for Recognition] Facts without dispute, entry in Eul's Evidence Nos. 10, 11, 12, 14 through 17 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. Judgment on the ground of the Plaintiff’s claim

A. The Plaintiff asserted that, as the Plaintiff and the designated parties were employed by the Defendant and provided labor at the construction site of this case, the Defendant asserts that the Defendant is obligated to pay the Plaintiff’s wage of KRW 900,000 for June 2013, and the designated parties’ wage of KRW 2,10,000 for April 2013 and May 2013, as well as damages for delay.

The defendant provided labor under the employment of the plaintiff and the designated parties in F.

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