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(영문) 수원지방법원안양지원 2016.02.24 2015가단107111
청구이의
Text

1. The Defendant’s payment order for the wage case No. 2013 tea 4649 against the Plaintiff was issued.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1, 2, and 6 and 7:

The plaintiff is a corporation that runs a reinforced concrete construction business or an indoor construction business with its head office located in Dong-gu, Chungcheongnam-gu, Chungcheongnam-gu, and the defendant is a person who operates a private company related to construction with the trade name of "E" in Ansan-gu, Ansan-gu.

B. The Defendant, from November 11, 201 to May 9, 2012, managed the site and carried out construction work at the site of G-type remodeling construction works in the F (hereinafter “instant construction works”) located in Goyang-si, the Plaintiff contracted from around 201 to around May 9, 2012.

C. After that, the Defendant filed a claim with the Plaintiff for wages during the above period, claiming that the Plaintiff provided labor related to the instant construction work, but the Plaintiff rejected the Defendant’s claim for wages by asserting that the instant construction work was subcontracted en bloc to the Defendant.

Therefore, the Defendant filed a petition against the Plaintiff on the ground of the overdue payment of wages with the Goyang District Labor Office, but the said Goyang District Labor Office concluded the Defendant’s appeal on the ground that “The instant construction work is deemed a construction work performed by the Plaintiff under a contract from the Plaintiff, and the Defendant shall not be deemed a worker under the Labor Standards Act” after the investigation.

E. Accordingly, on October 31, 2013, the Defendant filed an application with the Plaintiff for a payment order claiming payment of wages of KRW 3,375,000 related to the instant construction project and its delayed payment damages, with the Suwon District Court’s Ansan Branch Branch 2013 tea 4649, and the said court issued the said payment order on December 17, 2013 (hereinafter “instant payment order”). The instant payment order became final and conclusive on April 11, 2014.

2. The assertion and judgment

A. The Plaintiff’s summary of the Plaintiff’s assertion 1 is the instant construction work en bloc to the Defendant.

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