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(영문) 서울중앙지방법원 2016.10.05 2016가단36131
손해배상 등
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. On September 23, 2015, the Defendant started construction upon receiving H detached housing construction from the Seocho-si Construction Co., Ltd., and started construction, and the Plaintiff and the designated parties (hereinafter “the Plaintiffs”) provided labor, such as wood, by being employed by the Defendant as a daily worker at the above site, as a daily worker at the above site, and received wages by calculating the number of days he/she worked at the given time each month.

B. On February 4, 2016, the Defendant discontinued the relevant housing construction work on the ground that the Seocho Construction Company, a contracting authority, delays the payment of progress payment.

C. On February 17, 2016, the Plaintiffs filed a claim against the Defendant for the payment of confidential wages during the period of suspension of the said construction work, and the Defendant promised to pay the Plaintiffs, and on February 29, 2016, paid KRW 24,130,000 to the bank account of the designated Plaintiff that was delegated with the right to receive wages by the Plaintiffs.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 1, 2, and 3 (including paper numbers), the purport of the whole pleadings

2. Plaintiff’s assertion and determination as to the cause of claim

A. The alleged plaintiffs have a duty to pay consolation money because they suffered losses from the wind that the defendant discontinued construction works and unfairly dismissed the plaintiffs during the period from February 3, 2016 to February 29, 2016. Thus, the defendant is obligated to pay the plaintiffs' lost income for the period during which the plaintiffs did not work. In order to receive wages from the defendant, the defendant is obligated to pay flight fees paid to visit the defendant's office in Seoul to the defendant's office during the period of suspension of business, food expenses paid during the period of suspension of business, etc., and the defendant has a duty to pay consolation money as they suffered mental losses

B. As seen earlier, the Plaintiffs were paid wages by calculating the number of days they worked during a certain period of time after establishing an employment contract relationship with the Defendant and the Defendant. Accordingly, the Plaintiffs are given the opportunity to provide labor to the Plaintiffs according to the Defendant’s circumstances.

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