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(영문) 수원지방법원 2015.04.10 2014나20100
임금
Text

1. All appeals filed by plaintiffs (appointed parties) and appointed parties C are dismissed.

2. The costs of appeal are assessed against the Plaintiff (Appointed Party) and the Plaintiff.

Reasons

1. Facts of recognition;

A. Defendant Scar Construction: (a) constituted a consortium and received a contract for D Private Investment Facilities Project from an advanced land group, which was awarded a contract for D Private Investment Facilities Project; (b) among them, subcontracted the instant construction work to Defendant B on September 14, 2012.

B. According to the Plaintiff’s statement on the payment of daily labor expenses prepared by Defendant B, the Plaintiff’s wage of February 2013 is indicated as KRW 4,500,00, KRW 4,500,000 for the monthly wage of March 2013, KRW 4,500 for the monthly wage of April 2013, KRW 4,503,00 for the monthly wage of May 2013, and KRW 4,503,00 for the monthly wage of June 2013, and KRW 4,503,00 for the monthly wage of July 1, 2013 from July 10, 2013 to KRW 1,49,940 for the monthly wage of June 3, 2013, KRW 538,500 for the designated person’s wage of April 13, 2013, and KRW 4,500 for the monthly wage of April 19, 2013.

C. On July 1, 2013, the Plaintiff and Defendant B agreed not to raise any civil or criminal complaints by settling the Plaintiff’s labor cost of KRW 22,50,00,00 for the month of February 2, 2013, KRW 3,4,50,000, in full, and by settling the Plaintiff’s labor cost of KRW 9,450,00.

(hereinafter referred to as “the instant agreement”). D.

On April 2, 2014, the Minister of Gwangju Regional Employment and Labor issued a confirmation note that “The Plaintiff’s work at the instant construction site built by Defendant B was in arrears with the wage of KRW 4.5 million from February 2, 2013 to June, and the wage of KRW 1.5 million from July 2, 2014.”

[Ground of recognition] Facts without dispute, Gap evidence 2, 4-1, Gap evidence 33-1, Eul evidence 1 and 2, the purport of the whole pleadings

2. Defendant Shee Construction’s defense on this part of the instant lawsuit asserted that the part of the claim against Defendant Shee Construction, among the instant lawsuit, is unlawful as it contravenes the subordinate arrangement.

According to each of the statements in the evidence Nos. 5-1 through 3, 16,212,00 won in wages of 23,160,000 in wages of the above defendant's Appointor around June 2013 between the defendant Scar Construction and the Appointor, and 49,640,000 won in 34,748,00 won in terms of 34,748,00 won in terms of wages of 23,160,000 in terms of wages of the above defendant.

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