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(영문) 서울북부지방법원 2020.09.15 2019나37906
임금
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) on the principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be principal lawsuit and counterclaim.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Judgment on the plaintiff's main claim

(a) The facts subsequent to the facts of recognition 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 1 to 7, Eul evidence 2-9 and 10.

1) E Co., Ltd. (hereinafter “E”)

The Gangseo-gu Seoul Metropolitan Government Construction of the F Officetel (hereinafter “instant Construction”) was subcontracted to the Defendant during the construction of the said F Officetel (hereinafter “instant Construction”).

3) The Defendant issued a lump sum subcontract to D without obtaining a construction business license. 4) D employed workers including the Plaintiffs and performed the instant construction work.

5) D’s wages were not paid to the Plaintiffs. The Plaintiffs’ work period and unpaid wages are as follows: (1) the portion of Plaintiff A’s wages amounting to KRW 4,60,00 on February 2, 2017 (=200,000 per day x 23 days) KRW 2,50,000 paid on March 21, 2017; (2) KRW 5,400,000 on March 3, 2017 (200,000 per day x 200,000,000 KRW 2,84,000 per day x 20,000,000 per day x 205.7,000,000 won per day x 205.7,005,000 won per day x 16.7,005,000 won per day)

(B) Criminal facts of the above summary order are as follows.

D shall have 13 full-time workers at the construction site of Gangseo-gu Seoul Metropolitan Government Ftel construction works.

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