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1. The plaintiff's claim against the defendants is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On March 14, 2014, the Plaintiff asserted that Defendant B, the representative of C Co., Ltd. (hereinafter “C”) did not pay wages and retirement allowances to the Plaintiff, and subsequently filed a petition against Defendant B with the Daejeon Regional Employment and Labor Office. On July 22, 2014, the Plaintiff voluntarily withdrawn the said petition by stating the grounds for withdrawal as “receiving delayed money and valuables” as “the receipt of delayed payments,” and by stating whether he/she wishes to criminal punishment.
B. On April 27, 2014, the Plaintiff filed an application for the adjustment of wages, etc. with the Daejeon District Court Branch of the Daejeon District Court (2014ss. 124) on the grounds that the said application was withdrawn on July 23, 2014.
C. On April 15, 2015, the Plaintiff filed a lawsuit against C with the Daejeon District Court for wage of KRW 3.5 million, as the ground of the claim, that “from April 20, 2010 to March 17, 2014, the construction site director of the construction site of the construction site of the new construction of the new construction of the new construction of the new construction of the five-line multi-household housing, and retired from office for approximately 48 months, for whom he/she did not receive 168,30,000 won as wages and retirement allowances,” as the grounds of the claim.
In the above lawsuit, C asserted that “A borrowed a construction technology qualification certificate from the Plaintiff and paid only KRW 3.5 million to the Plaintiff once a year in return, and did not enter into an employment contract with the Plaintiff, and the Plaintiff did not provide labor as subordinate to the Defendant.”
E. On January 28, 2016, the above court rendered a judgment dismissing the Plaintiff’s claim on the ground that “it is difficult to deem that the Plaintiff concluded a labor contract with C and provided labor to the Defendant in a subordinate relationship for the purpose of wages.”
F. The Plaintiff appealed from Daejeon High Court No. 2016Na1255, but the said court rendered a judgment dismissing the Plaintiff’s appeal on January 12, 2017, and the said judgment became final and conclusive on February 1, 2017.
(g) The F Association shall be on December 18, 2017.