beta
Text
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On September 2015, the Plaintiff contracted electrical construction (hereinafter “instant construction”) from among the E-Motor Vehicle Maintenance Factory Construction Works in Seo-gu Busan (hereinafter “instant construction”) from the Defendants, and completed the said construction work on February 6, 2016.
B. The Plaintiff was issued a summary order of KRW 2.5 million on December 8, 2016 in cases where the Plaintiff failed to pay a total of KRW 10.8 million to six workers working at the construction site of the instant case, and was issued a fine of KRW 2.5 million on December 8, 2016 in violation of the Labor Standards Act.
[Ground of recognition] The entry of Gap evidence No. 15 and the purport of the whole pleading
2. In relation to the Plaintiff’s assertion construction, the Defendants paid all the purchase price of materials, but paid only KRW 16.7 million out of the total labor cost of KRW 39.2 million, including the Plaintiff’s labor cost. As such, the Defendants are jointly and severally liable to pay the remainder labor cost of KRW 2.5 million to the Plaintiff.
3. The reasoning of the evidence Nos. 3, 5, and 6 alone is insufficient to acknowledge that the Defendants are liable to pay the Plaintiff KRW 22,50,000 as personnel expenses with respect to the instant construction work, and there is no other evidence to acknowledge this otherwise.
Rather, according to the purport of Gap evidence Nos. 1 through 6, the defendants contracted all new construction works of the factory including the instant construction to the plaintiff as the proposal of his father F, but ordered the instant construction works to the plaintiff. Of the total estimate of the defendant C's father F, the defendants directly purchased and provided the plaintiff 17,464,374 won, which was the remainder of 37,464, and 374 won, which was the result of deducting 17,784,00 won from the total estimate of Seongdong Forest Construction Co., Ltd., as to the instant construction work.