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(영문) 수원지방법원안양지원 2015.11.25 2014가단23605
임금
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of the lawsuit shall be borne by the Plaintiff (Appointed Party).

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 to 6, 8, 10, and Eul evidence Nos. 1, 4, 7, 8, and 10 (including additional numbers):

The defendant is a specialized construction company that operates fire-fighting system construction and maintenance business, and machinery and equipment construction business. The plaintiffs and the designated parties are workers who provide labor in relation to fire-fighting and machinery and equipment construction at the work site of the defendant, the I Center, the construction site of the JJ, and the work site

B. Cit Construction Co., Ltd., Ltd., such as the instant contract for construction (hereinafter “Tit Construction”), contracted the Defendant with JBC and I Center construction of fire-fighting and machinery and equipment (hereinafter “instant construction”). Around 2013, the Defendant subcontracted the instant construction (hereinafter “instant subcontract”) to any L who is engaged in business such as virtue, mutual assistance devices, wholesale business, construction, maintenance and management business, etc. under the trade name of K.

In particular, on December 28, 2013, the Defendant subcontracted the I Center Fire-Fighting, the contract price of KRW 150 million during the instant construction, and the construction period from November 6, 2013 to September 3, 2014.

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion 1) since the Plaintiffs and the designated parties concluded an employment contract with the Defendant and provided labor related to the instant construction work, the Defendant is obligated to pay the Plaintiffs and the designated parties a total of KRW 39,720,000 as stated in the claim. 2) Even if the Plaintiffs and the designated parties are not the Defendant but the workers who concluded the instant construction work with the Defendant, they are obligated to pay a total of KRW 39,720,000 as stated in the claim’s wages to the Plaintiffs and the designated parties on the following grounds.

① L directly pays the wages of the Plaintiffs and designated parties related to the instant construction work to the Plaintiffs and the designated parties.

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