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(영문) 인천지방법원 2015.02.03 2014가단11276
임금등
Text

1. The defendant shall be KRW 10,00,000, KRW 15,720,000 to the plaintiff Eul, and KRW 13,50,000 to the plaintiff C and each of the above amounts.

Reasons

① The Plaintiff C, who represented by Plaintiff A and B, concluded a labor contract with the Defendant with respect to the Fridge Construction Work in Seo-gu Incheon (hereinafter “instant construction work”). From September 26, 2013 to December 2, 2013, the Plaintiff A and B performed the instant construction work at the construction site or performed concrete strawing, etc. at the instant construction site at the order of the Defendant; ② the Plaintiff C, under the direction of the Defendant, leased rent of KRW 13,50,000, and the period from September 26, 2013 to December 2, 2013; ③ the Defendant did not pay rent of KRW 10,00,720,000 out of wages to the Plaintiff; and the Defendant did not have any special obligation to pay rent of KRW 13,50,00 to the Plaintiff; or the Defendant did not have any special obligation to pay rent of KRW 15,50,00 from the total wage to the Plaintiff; and thus, the Defendant did not have any dispute between the Plaintiff and the Plaintiff’s respective parties’s allegation.

As to this, the Defendant alleged that G, the owner of the instant construction, failed to pay the price for construction to the Defendant, and that the Defendant agreed to pay the wages and rents after the lapse of one month after the completion of the instant construction work. However, there is no evidence to prove that the Defendant agreed to pay the wages and rents after the lapse of one month after the completion of the instant construction work with the Plaintiffs. Thus, the Defendant’s assertion is without merit.

Therefore, the defendant is based on the ratio of 20% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from March 14, 2014 to the date of full payment, to the date of full payment, to KRW 15,720,00, the unpaid wage to Plaintiff B, and KRW 13,50,000, the unpaid rent to Plaintiff C, and each of the above amounts.

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