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(영문) 의정부지방법원 2017.08.31 2017나4448
임금
Text

1. All appeals by the defendant against the plaintiffs are dismissed.

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

purport, purport, and.

Reasons

1. Comprehensively taking account of the overall purport of statements and arguments as to Gap evidence Nos. 1 and 2 as a whole, the fact that the court below's joint defendant Integrative Construction Co., Ltd. (hereinafter "Integrative Construction") subcontracted to the defendant with D and the defendant was entering into force by the defendant, and the plaintiff A provided labor from October 27, 2014 to January 17, 2015; and the plaintiff B provided labor from October 27, 2014 to December 22, 2014 to December 1, 2030, the wage of 2,750,000 paid monthly wage of 1,750,000, the sum of the wage of 2,380,000 won paid monthly wage of 1,780,000 won, and the plaintiff B did not receive the wage of 1,300,000 won for each month from October 2014;

2. Determination as to the cause of action

A. The plaintiffs asserted that they are employed by the defendant, who is an individual constructor, provide labor, and the defendant does not pay part of the wages to the plaintiffs. Thus, the defendant asserts that the defendant should pay the unpaid wages and delay damages to the plaintiffs jointly with the comprehensive personal construction as an immediate contractor.

The defendant asserts that there is no obligation to pay wages to the plaintiffs only in the field director.

B. In determining who is liable to pay wages and retirement allowances to a certain employee, the actual employment relationship should be based regardless of the type of a contract or the content of the relevant laws and regulations (see, e.g., Supreme Court Decision 2007Da7973, Oct. 23, 2008). The Defendant voluntarily introduced the Plaintiffs through a facility operator, and the Plaintiffs performed the above title construction work at the construction site, and the Defendant ordered the Plaintiffs to work. Thus, it is reasonable to view the Defendant as the employer who employed the Plaintiffs at the above construction site.

Therefore, the defendant is jointly and severally with the comprehensive construction of integrative contractor, and the defendant's 4,380,000 won payable to the plaintiff A and the plaintiff A's .

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