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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
purport.
Reasons
1. Basic facts
A. The Plaintiff was recruited to the Defendant and provided labor from May 11, 2009 to August 30, 2013. However, the Plaintiff was not paid KRW 17,632,360, among the wages from March 201 to July 2013, including KRW 4,015,00 and retirement allowances of KRW 13,617,360, among the wages from July 201.
B. On September 17, 2014, the Defendant received a summary order of KRW 2 million (U.S. District Court Decision 2014 High Court Decision 201Da14560) due to the violation of the Labor Standards Act and the violation of the Guarantee of Workers' Retirement Benefits Act. The above summary order became final and conclusive upon the Defendant’s withdrawal of the request for formal trial.
[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 8 and 9, and the purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts as to the cause of the claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff a total of KRW 17,632,360, and damages for delay at the rate of 20% per annum from September 14, 2013 to the date of full payment, which is the day following the expiration of 14 days from the date of the Plaintiff’s last provision of labor.
B. As to the Defendant’s argument, the Defendant’s assertion 1) paid all daily allowances to the Plaintiff, and the Plaintiff cannot be deemed to have continuously been employed by the Defendant, such as from time to time providing labor to other companies during the above employment period. Therefore, the Plaintiff’s claim for wages and retirement allowances is without merit. 2) In light of the fact that the Plaintiff’s claim for wages and retirement allowances was determined, it is reasonable to deem that the Plaintiff has the above claim for wages and retirement allowances against
In addition, comprehensively taking account of the overall purport of the arguments in the statements Nos. 5 and 6, the plaintiff is paid KRW 130,000 or KRW 170,00 per day from May 11, 2009 to August 30, 2013 and provided labor to the defendant as a daily worker, while being employed by the defendant as a daily worker, the plaintiff is below the company B, C, and D according to the defendant's direction.