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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. Before the filing of the instant lawsuit, Defendant C was declared bankrupt on February 22, 2018 (Seoul Rehabilitation Court 2017Hahap100323), and attorney D was appointed as bankruptcy trustee and taken over the instant lawsuit.
(B) A corporation and a trustee in bankruptcy are not separated from each other, and all of the corporations are “Defendant C”
B. Defendant C was awarded a subcontract for the part of the F new construction work from E Co., Ltd. around December 2014.
around January 31, 2015, Defendant C re-subcontracted the construction of stone in the above stone work to Defendant B.
C. The Plaintiff set the Plaintiff’s unit wage at KRW 1.30,000 per day between Defendant B and Defendant B, and worked at the aforementioned work site from September 2015 to October 2015.
[Ground of recognition] Facts without dispute, Gap evidence 2, Eul evidence 1, Eul evidence 3, Eul evidence 4, Eul evidence 14, Eul's whole purport of pleading
2. The parties' assertion
A. The Plaintiff asserted that he/she was employed by Defendant B, and worked at the Busan, Cheongcho, and Ulsan Construction Site from September 13, 2015 to October 11, 2015.
The plaintiff did not receive 1820,000 won of wages, which was worked for 14 days at the construction site of Ulsan.
Defendant B and its immediate contractor, Defendant C, jointly and severally, shall pay 1820,000 won and damages for delay payable to the Plaintiff.
B. (1) The Plaintiff asserted by the Defendants (1) from September 9, 2015 to September 25, 2015, the Plaintiff worked for 2 days at the Seocheon Construction Site and 12 days at the Ulsan Construction Site, and the wage of 1.820,000 won was paid by Defendant C on October 30, 2015.
(2) The Plaintiff worked for 10,000 U.S. construction site from October 2, 2015 to October 11, 2015.
On January 2, 2017, the Plaintiff and Defendant B agreed to pay 1.3 million won, and Defendant B paid 1 million won the agreed amount.
3. Determination
(a) Evidence A. 1.