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Reasons
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(영문) 서울중앙지방법원 2017.01.20 2016가단18515
미지급노임결산금등
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1. As to the Plaintiff KRW 57,410,00 and its KRW 33,100,000, the Defendant shall pay to the Plaintiff KRW 57,410 and KRW 24,310.

Reasons

1. Facts of recognition;

A. The Plaintiff operated an occupation brokerage business from April 1, 2012 to February 16, 2015, with the trade name “C”.

B. On April 25, 2012, the Defendant received a contract from Nonparty D for construction of the F building in Seoul Jongno-gu E and four lots from Nonparty D during the construction period from April 25, 2012 to December 31, 2012.

(hereinafter “instant construction project”). C.

On June 2012, the Plaintiff requested the non-party G, who was the director of the Defendant Company and the director of the instant construction site, to supply the workers’ book at the construction site of this case. Accordingly, from June 20, 2012 to April 4, 2013, the Plaintiff supplied the on-site workers, such as the trees, the tombstones, the mars, and the mars.

G as the Defendant’s on March 5, 2013, as the Defendant’s on-site director, prepared a letter of payment of wages (Evidence A 5) stating that “I, on February 28, 2013, pay approximately KRW 41,000,00 (except for subsequent wage) as of February 28, 2013, the amount of wages invested by C by the end of March.”

E. The sum of wages for those parts supplied by the Plaintiff to the Defendant on March 2013 reaches KRW 22,430,000 and KRW 1,880,000 for the aggregate of wages on April 2013.

F. On March 5, 2013, the Defendant paid KRW 3,900,000 to the Plaintiff as wages, and D, the owner, directly paid the Plaintiff the amount of KRW 4,000,000 to the Plaintiff on March 1, 2013.

[Grounds for Recognition: Evidence Nos. 1 through 2-2, Evidence Nos. 144 through 172, evidence Nos. 3-173 through 176, 5, evidence Nos. 2-1 and 8, and the purport of the whole pleadings]

2. Determination

A. According to the above facts, the defendant's total amount of 57,410,00 won [65,310,000 won (22,430,000 won) - 7,900,000 won (3,900,000 won) (41,000,000 won - 33,100,000 won) among them (7,900,000 won - 7,900,900,000 won - 7,90,000,000 won) from April 1, 2013, the following day after the date of payment, unless there are special circumstances to the plaintiff, shall be 57,410,000 won (57,410,000 won - 3,3300,000 won) and 33,100,000 won among them.

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