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(영문) 서울남부지방법원 2018.11.23 2018가단243533
임금
Text

1. The defendant shall pay 64,170,000 won to the plaintiff and 15% per annum from August 24, 2018 to the day of full payment.

Reasons

1. Facts of recognition;

A. The Defendant is a person who subcontracted a reinforced concrete construction work among the C-Housing Construction Works (hereinafter “instant construction work”), and the Plaintiff is an employee employed by the Defendant and engaged in daily labor work at the construction site of this case.

B. From May 1, 2018 to June 30, 2018, the Plaintiff engaged in daily labor work according to the Defendant’s instructions, with nine human beings working at the instant construction site from May 1, 2018 to June 30, 2018. The daily wage for the Defendant and labor work was KRW 190,000 per day.

C. The Defendant and the Plaintiff did not pay the total of KRW 64,170,000 on behalf of the Plaintiff and nine members who worked together with the Plaintiff, and the Plaintiff paid wages to the said nine members on behalf of the Defendant.

On the other hand, on August 1, 2018, the defendant prepared a written statement of non-disclosure to the purport that the plaintiff consented to directly claiming the above wage to the owner of the building who is the ordering person.

[Ground of Recognition] Facts without dispute, entry and video of Gap evidence Nos. 1 through 5 and 7 (including virtual numbers) and the purport of the whole pleadings

2. According to the above facts finding, the Defendant is obligated to pay the Plaintiff the unpaid wage of KRW 64,170,000 and damages for delay calculated at the rate of 15% per annum from August 24, 2018 to the date of full payment, as sought by the Plaintiff, from August 24, 2018 to the date of service of the original copy of the instant payment order.

3. The plaintiff's claim of this case is justified and it is so decided as per Disposition.

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