(영문) 대전지방법원 2018.05.31 2018나624 | 리걸엔진

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자간(%)

(영문) 대전지방법원 2018.05.31 2018나624

임금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The parties' assertion

A. The Plaintiff (Appointed) and the Appointor, under employment of the Defendant, provided the Defendant with labor at the site of Dpelvis work, but did not receive wages from October 6, 2016 to November 19, 2016.

Therefore, the defendant is obligated to pay the unpaid wages and damages for delay to the plaintiff (appointed party) and the appointed party.

B. The defendant was merely introducing the plaintiff (appointed party) and the appointed party to E, and the defendant did not employ the plaintiff (appointed party) and the appointed party, and there is no obligation to pay wages to the defendant.

2. The following circumstances, which are acknowledged by comprehensively taking account of the overall purport of the statements and arguments as to Gap evidence Nos. 1 and 12, the defendant, at the time of investigation by the special judicial police officer against the defendant, stated as follows: "The defendant, at the time of investigation by the labor inspector, stated to the effect that "E president did not receive money from the owner of the building and did not receive any money from the owner, and thus, he could not pay wages to the plaintiff (appointed party) and the appointed party"; and in criminal mediation proceedings, the defendant agreed to pay unpaid wages to the plaintiff (appointed party) and the appointed party, the defendant is obligated to pay wages to the plaintiff (appointed party) and the appointed party after receiving the above construction from E.

Therefore, the Defendant is obligated to pay the Plaintiff (Appointed Party) the amount of KRW 4,080,00, the amount of KRW 1,615,000 and each of the above wages to the Appointed C at the rate of 20% per annum under the Labor Standards Act and the Enforcement Decree of the same Act from December 4, 2016 to the date of full payment, 14 days after the date when the ground for payment occurred.

3. The claim of this case by the plaintiff (appointed party) should be accepted for reasons.

The judgment of the first instance is just in conclusion, and the defendant's appeal is dismissed as it is without merit.

참조조문

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