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(영문) 울산지방법원 2016.11.09 2016나2291
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. From September 11, 2015 to October 3, 2015, Plaintiff provided labor at D’s new construction site under employment of the Defendant operating a construction business entity with C’s trade name, but the Defendant did not pay KRW 1,775,000.

B. The Defendant received a subcontract for the part of the drawings work among the above construction works from E which the manufacturing and installation works of steel structure among the new construction works of Defendant D, and did not have concluded a direct employment contract with the Plaintiff.

2. We examine the following circumstances, i.e., the Defendant’s actual management owner of C (the Defendant’s business owner is the F), the Defendant’s contract for new construction works in Ulsan-gun, Ulsan-gun, a Ulsan-gun, a Ulsan-gun, and the Young General Forestry Construction Co., Ltd. awarded a subcontract to E for the part of the manufacturing and installation of steel structure during the above construction. The Defendant re-subcontracted the part of the drawing work (hereinafter “the instant construction”) from E; ③ from September 11, 2015 to October 3, 2015, the Plaintiff provided labor to the Defendant in relation to the instant construction; ④ from September 11, 2015 to the date of the instant construction; ④ from September 9, 2015 to the date of the instant construction work, the Defendant directly provided the employees with the aforementioned nine employees’ wages and KRW 300,000,000,000,000,000,000,000 won and KRW 939.

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