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(영문) 대전지방법원 2015.09.23 2015나6713
임금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. Around March 20, 2012, the Defendant, a company established for the purpose of general construction business, entered into a contract with Dae-gu Co., Ltd. to enter into a construction contract with the said company’s warehouse facilities on the land of 457 m2 m2, Seo-gu, Daejeon-gu, Daejeon-gu, Daejeon-gu, with a view to being awarded a new construction contract for each of the above company’s housing depots on the ground of 711m2, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do. (hereinafter “instant construction”).

B. The Plaintiff concluded a labor contract with the Defendant to work at the construction site of this case and receive wages from the Defendant, and performed construction waste disposal, cleaning, etc. at the construction site of this case from March 2012 to June 2012.

[Ground of recognition] Facts without dispute; Gap evidence Nos. 4, 5, Eul evidence Nos. 1 through 7 (including numbers; hereinafter the same shall apply); the inquiry reply to the fact-finding with respect to Nos. 2 and 7 of the court of the first instance; the result of the inquiry into the plaintiff himself/herself by the court of the first instance; the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion (1) concluded a labor contract between the Defendant and the Plaintiff with the content that the Plaintiff would work at the instant construction site and receive wages of KRW 2.5 million per month. Accordingly, from March 2, 2012 to June 30, 2012, the Plaintiff worked at the instant construction site.

However, the Defendant was obligated to pay the Plaintiff wages of KRW 1.2 million on March 2012, KRW 1.2 million, KRW 1.2 million on April 2012, KRW 1.5 million on May 2012, KRW 2012, KRW 2.5 million on June 2012, and the remainder was not paid. As such, the Defendant was obligated to pay the unpaid wages of KRW 1.3 million on March 2012 (= KRW 2.5 million-1.2 million), KRW 1.3 million on April 2012 (= KRW 2.5 million) and KRW 1.6 million on May 2012 ( KRW 2.5 million – KRW 1.5 million) and KRW 3.6 million on June 2012.

(2) Even if the Plaintiff agreed with the Defendant to receive KRW 2.5 million per month as wages, rather than to receive KRW 100,000 per day, the Plaintiff agreed to be paid as KRW 100,000 per day, the instant construction site from March 2, 2012 to June 30, 2012.

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