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1. The plaintiff (appointed party)'s appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).
Reasons
1. The Plaintiff (Appointed Party; hereinafter referred to as the “Plaintiff”) and the Appointed C (hereinafter referred to as the “Plaintiffs,” both the Plaintiff and the Appointed C, were employed as a part-time employee at the D construction site that the Defendant U.S. Engineering Co., Ltd. (hereinafter referred to as the “Defendant Company”) performed from November 2013 to July 2014. Defendant B served as the team leader at the above construction site and served as the team leader at the above construction site and served as the Defendant Company’s wages to the Plaintiffs.
The Plaintiff did not receive KRW 5,029,560 among the wages during the above period, and the Selection C did not receive KRW 9,008,490. The Defendant Company is obligated to pay the Plaintiffs the aforementioned unpaid wages and damages for delay. If Defendant B embezzled the Plaintiffs’ wages, Defendant B and its employer are jointly and severally liable to pay the Plaintiffs the amount of damages equivalent to the accrued wages and the damages for delay.
2. In full view of each statement in Eul evidence Nos. 1 through 3 (including branch numbers), the defendant company supplied daily workers, such as miscellaneous parts and trees in the above construction site from the defendant Eul, and paid 170,000 won per worker to the defendant Eul, and the defendant Eul agreed to bear all the costs of supplying and managing human resources, such as wages, lodging expenses, food expenses, transportation expenses, etc. of daily workers recruited. The plaintiffs are paid 10,000 won per day from the defendant Eul and provided labor to the above construction site. On the other hand, the plaintiffs are those who received full payment from the defendant Eul by calculating 10,000 won per day.
According to the above facts of recognition, the parties who entered into a labor contract with the plaintiffs are the defendants B, and the defendant B seems to have paid the plaintiffs the agreed wages in full.