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(영문) 서울동부지방법원 2014.07.15 2013가단62941
임금
Text

1. All claims filed by the plaintiff (appointed party) and the designated parties are dismissed.

2. The costs of lawsuit are assessed against the plaintiff (appointed party) and the plaintiff.

Reasons

1. Basic facts

A. On November 20, 2012, the Defendant entered into an agreement with I as to construction participants in construction works with the content of construction period from November 20, 2012 to May 30, 2013, and the construction cost as KRW 29,7540,000 for construction works among the main complex construction works in Jung-gu Seoul Jung-gu J (J).

(hereinafter “instant contract”). B.

Plaintiff

In November 2012, from November 201 to August 201 of the same year, the designated parties performed civil engineering, steel bars, and mold work at the construction site of this case.

【Evidence Nos. 2, 5, and 2 of the Evidence No. 2, the purport of the whole pleadings】

2. The parties' assertion

A. The plaintiff and the designated parties asserted in the plaintiff and the designated parties were the defendant's workers who worked at the construction site of this case until June 2013. Accordingly, they received direct wages from the defendant. At the time of the contract of this case, I did not agree with the defendant that the plaintiff and the designated parties bear all responsibility for the payment of wages, and thus, I is not the party I but the defendant. Thus, the defendant is obligated to pay wages to the plaintiff and the designated parties. Thus, as stated in the attached claim details, the defendant is obligated to pay wages to the plaintiff, the 4.99 million won to the plaintiff, the designated parties, the 7.15,00 won to the plaintiff, the designated parties, the 3.15,00 won to the Selection, the 6.15,000 won to the Selection, the 2.222 million won to the Selection, the 1.2 million won to G, the 1.2720,000 won to the Selection, and the compensation for delay.

B. The defendant's assertion that the contract of this case was entered into with I, and there was no fact that the contract was entered into with the plaintiff and the designated parties. However, with respect to wages, there was a direct payment within the limit of the contract price agreed with I for the progress of construction work. Since the defendant has already paid the subcontract price to I in full, it is not liable for the defendant to pay wages to the plaintiff and the designated parties.

3. Determination.

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