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(영문) 광주지방법원해남지원 2015.01.06 2014가단854
임금
Text

1. The Defendant (Appointed Party) paid KRW 1,674,750 to the Plaintiff (Appointed Party) and KRW 4,343,560 to the Appointed C, and KRW 3,393,480 to the Appointed D.

Reasons

1. The parties' assertion

A. On October 23, 2013, the Defendant: (a) ordered the Plaintiff and the designated parties (hereinafter “Plaintiffs, etc.”) to the Jeonnam-do Office of Education; and (b) agreed that the Defendant would pay P a subcontract to P Co., Ltd. (hereinafter “instant construction”); (c) the Plaintiff, etc. paid wages not paid from P to the Plaintiff, etc., the Defendant is obligated to pay the Plaintiff, etc. wages under the said agreement.

B. The Defendant’s assertion that the Plaintiff et al., who is not the Defendant’s employees, is not the Defendant’s employees of P, and thus, does not have the Defendant’s obligation to pay the Defendant’s wages in arrears. The Defendant’s assertion that, on October 23, 2013, the Jeonnam-do Office of Education, which is the place of order, provided that the subcontractor’s employees would be obliged to pay the wages in arrears to the Plaintiff et al., would be forced to delay the completion inspection without any obligation to pay the subcontractor’s wages. Therefore, the Defendant’s declaration of intent by the third party’s coercion is revoked. Even if the Defendant is willing to pay the unpaid wages to the Plaintiff et al., the amount indicated in the loan certificate that the Defendant received by the Plaintiff et al. to guarantee the right to reimbursement of the unpaid wages is KRW 3,213,50,000 in addition to the amount claimed by the Plaintiff et al., the amount includes the remaining employees’ wages, equipment, and food cost. If the Defendant excluded the equipment costs from the above loan amount, the amount is only KRW 14,927

2. Determination

A. The Plaintiff et al. is a worker employed by P, a sewage supplier of the instant construction project, and worked as a steel worker and a tree tree.

(2) With respect to the instant construction project, the Plaintiff et al. did not receive wages as indicated in the amount of unpaid wages by the designated parties attached to P.

(3) this.

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