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1. Of the instant lawsuit, the part of the claim for confirmation of non-existence of the main holiday allowance and allowances shall be dismissed.
2. C. between the Plaintiff and the Defendant.
Reasons
1. Facts of recognition;
A. From April 15, 2016, the Defendant, as a daily worker, performed waterworks pipeline support work at the site of C (hereinafter “instant construction”) supplied and supplied by the Plaintiff, and as a daily worker, performed waterworks pipeline support work.
B. The Defendant agreed between the Plaintiff and 120,000 won per day to work from 08:0 to 17:00 (from 12:00 to 13:00).
C. The Defendant did not work after September 14, 2017, and on December 11, 2012, notified the Plaintiff of the notice seeking payment of KRW 19.56 million in total of weekly paid leave allowances of KRW 7.56 million and overtime allowances of KRW 12 million.
[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence (including paper numbers), the purport of the whole pleadings
2. The court may ex officio determine the legitimacy of a lawsuit in a case where the lawsuit was brought against the agreement on the non-existence of a claim for the main holiday allowance and non-existence of a debt, even though the parties to the lawsuit agreed on the non-existence of a claim.
(See Supreme Court Decision 201Da80449 Decided November 28, 2013 (see, e.g., Supreme Court Decision 2011Da80449, Nov. 28, 2013). In full view of each of the statements in evidence Nos. 201, No. 4, and No. 2, the Defendant filed a complaint with the Plaintiff’s representative director D on the ground of delayed payment of wages, etc., the Defendant did not subsequently agree on the claim for unpaid leave allowances of KRW 380,000,000,000 among the Plaintiff and the Defendant on October 31, 2018. According to these facts, the Plaintiff and the Defendant did not raise an objection to the claim for unpaid leave allowances of KRW 3.8 million.
Therefore, the part concerning the Plaintiff’s obligation to pay holiday allowances among the instant lawsuits is above.