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(영문) 부산지방법원 2014.05.27 2012가단7003
임금
Text

1. The plaintiffs' preliminary claims are dismissed among the lawsuit of this case.

2. The plaintiffs' primary claims are dismissed.

Reasons

1. Basic facts

A. On November 5, 2007, Sam School Co., Ltd. (hereinafter “Seodong Co., Ltd”) contracted the construction of the instant work from Hanjin Heavy Industries, which was executed by the said company from Hanjin Heavy Industries, under a subcontract for the aesthetic and waterproof construction work (hereinafter “instant construction work”).

B. The Plaintiffs provided labor from May 2008 to September 201 on the instant construction site.

C. The Plaintiffs are married couple.

F is the omission of Plaintiff B, and died on August 11, 201.

On January 24, 2013, the litigation of this case was pending, Nonparty Company received a decision to commence rehabilitation procedures as the Suwon District Court 2013 Gohap4, and the Defendant was appointed as the administrator of Nonparty Company and taken over the litigation of this case.

[Grounds for Recognition] Unsatisfy, Gap evidence 17, Eul evidence 1, and the purport of the whole pleadings by this court

2. The parties' assertion

A. The plaintiffs asserted 1) The primary plaintiffs were employed by the non-party company and worked at the construction site of this case. Thus, the non-party company is obligated to pay the non-party company's unpaid wages (in September, 2009, November, 12) and retirement allowances (in addition, upon the request of the non-party company, the plaintiff Eul paid 13,210,00 won to the non-party company on behalf of the non-party company. Accordingly, the non-party company paid 16,401,937 won to the plaintiff company (= wages of 8,401,937 won for retirement allowances of 8,000,000 won for retirement allowances of 8,017,700 won for retirement allowances of 6,807,700 won for retirement allowances of 8,000,000 won for subrogation payment) and damages for delay to the non-party company's non-party company and the non-party company's non-party company's non-party company.

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