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(영문) 청주지방법원 2020.12.10 2019나16094
임금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

1. Purport of the claim.

Reasons

1. Basic facts

A. The Defendant awarded a contract to D (mutual E) who is a unregistered contractor, for the structural part of the structural part of the YY and the structural part of the structural part of the 66th ground G G project in the Chungcheong-gun, Chungcheong-gun, and D awarded a subcontract to D (unregistered individual constructor) for the steel and wooden part of the said construction.

(hereinafter referred to as the “instant construction site”). B.

The plaintiff is employed by C in the daily amount of 1.90,00 won from March 23, 2018.

3. 8.5 days during the period until April 1, 2018.

4. From 20.5 days to May 1, 2018 during the period of 30.

5. By September 5, 17, during the period, labor was provided at the construction site of this case.

C. C paid to the Plaintiff both wages on April 17, 2018, but only KRW 3 million out of the wages on May 29, 2018, and KRW 1210,000 out of the wages on May 29, 2018, and on June 19, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including branch numbers; hereinafter the same shall apply), Eul evidence Nos. 1 and the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, since D, the direct contractor of C, who employs the plaintiff, is a unregistered contractor, the defendant is jointly and severally liable with C pursuant to Article 44-2(1) and (2) of the Labor Standards Act to pay the plaintiff wages of 14.95,00 won [=3,895,00 [i.e., KRW 190,00 + KRW 195,00 x 20.5 days] - 3 million] 595,000 [i.e., KRW 1,805,00 (= KRW 190,000 x 1.95 days x 9.5 days)] and damages for delay calculated at the rate of 20% per annum as provided by the Labor Standards Act from May 17, 2018 after the date when the plaintiff finished his work.

3. Judgment on the defendant's assertion

A. The gist of the assertion lies in 7.41 million won in the amount of wages that the Plaintiff shall receive as remuneration for work at the construction site of this case. Since C paid to the Plaintiff a total of KRW 6.97 million from April 17, 2018 to November 24, 2018, the Defendant’s wages to be paid to the Plaintiff are KRW 4.4 billion in the amount of wages to be paid to the Plaintiff.

B. According to the respective descriptions of the evidence Nos. 1(B) and 3(4), C.

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