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1. The Plaintiff (Counterclaim Defendant) paid KRW 57,782,50 to the Defendant (Counterclaim Plaintiff) for KRW 57,782,50 and its related amount from April 22, 2015 to September 30, 2015.
Reasons
A principal lawsuit and a counterclaim shall be deemed as the same.
1. Facts of recognition;
A. The Plaintiff, a company specializing in the installation of a household equipment system, is performing the household equipment installation installation works by receiving a subcontract from A and B from 17 semiconductor factories located in the Department of Samsungsung in Gyeonggi-do from February 2014.
B. From around 2007, the Defendant supplied the necessary human resources to the Plaintiff at the Plaintiff’s request.
C. In light of the characteristics of subcontracting relationship in which wages must be paid in a month from the date of employment, the Plaintiff agreed with the Defendant to pay to the Defendant an amount calculated by deducting 10% of the Defendant’s share from the total amount of monthly wages to be paid to the Plaintiff to the workers in order to maintain a smooth labor relationship by immediately paying wages to the workers. The Plaintiff agreed with the Defendant to pay to the Defendant an amount equivalent to the total amount of wages including the Defendant’s share fee after the lapse of one month thereafter.
(hereinafter referred to as the “Agreement”). D.
Accordingly, the Defendant paid to C, D, and E of the workers employed by the Plaintiff the amount equivalent to 90% of the total monthly wage from February 2, 2014 to January 2015. The said team leader distributed wages to the workers who are the workers of its own team, and the Plaintiff paid the amount equivalent to the total monthly wage from February 2, 2014 to November 201, to the Defendant.
E. However, E, despite having been paid from the Defendant the amount of wages of December 2014 to 66,149,000 won for its team workers [the total amount of wages of December 2014 to 73,080,000 won x 0.9] (the commission agreed not to deduct if there are more than 10 workers per day) and the amount of wages of 3,980,250 won for January 2015 (=the total amount of wages of 4,422,50 won x 0.9 x 0.9 x 0.9).
E. Accordingly, the Plaintiff’s total of KRW 62,434,00 on February 9, 2015, and KRW 2,850,000 on February 13, 2015, to employees constituting the E team. 65.