logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2019.10.02 2019나54498
임금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The judgment of the court of first instance is subject to paragraph (1).

Reasons

1. Facts of recognition;

A. The Plaintiff’s Intervenor (hereinafter referred to as the “ Intervenor”) contracted F pipeline Corporation located in Ansan-si Seoul Special Metropolitan City, where F Co., Ltd. ordered, and the Intervenor subcontracted the instant construction to the Defendant around June 23, 2017, and the Defendant re-subcontracted the instant construction to E (the name of business place H), who is not the constructor, at the end of June, 2017.

B. The Plaintiffs are employed by E, and Plaintiff A provides labor from September 4, 2017 to September 10, 2017, and Plaintiff B from September 4, 2017 to September 16, 2017. The amount of wages for which Plaintiff A was not paid for each of the above periods is KRW 3.15 million, and the amount of wages for which Plaintiff B was not paid is KRW 5.31 million.

C. On November 1, 2017, the Intervenor: (a) drafted a written confirmation to the instant workers on the construction site, including the Plaintiffs, that “The Intervenor confirmed that the Defendant would make advance payment of the personnel expenses for piping workers unpaid at the instant construction site in two equal installments on the first (10 November) and second (30 November 30).”

Agreements

1. Since the Intervenor and the Defendant cannot pay the current cost of construction in connection with F Corporation due to the settlement of the cost of construction or the Defendant’s financing problem, our (the Intervenor) entered into a direct payment agreement with the Defendant on the labor cost within the limit of KRW 130,000,000 (VAT separate), which is the modification of the design of the A and B B B B among the present construction projects agreed upon with the Defendant, the Intervenor will pay the labor cost to the Intervenor.

2. Otherwise, the payment of construction costs and labor costs must be settled by the Defendant itself, and the Intervenor cannot raise an objection and shall not be charged with civil and criminal responsibilities.

3. The defendant shall deduct part of the labor cost directly paid by the intervenor from the agreed settlement cost.

4.The expenses relating to the relocation of a thermal temperaturer shall be subject to separate consultations.

The defendant on November 1, 2017.

arrow