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1. The Defendant: (a) KRW 4,617,00 for Plaintiff A; (b) KRW 5,00,000 for Plaintiff B; (c) KRW 4,50,000 for Plaintiff C; and (d) KRW 4,250 for Plaintiff D.
Reasons
1. Chief;
A. The plaintiffs' assertion 1) The plaintiffs are construction workers of Vietnam's nationality, who are employed by the defendant, at the new site of Gyeongbuk's apartment (hereinafter in this case).
(2) From November 11, 2016 to April 30, 2017, the Plaintiffs were to work daily at the site of this case, as the head of the site and the Minister of Labor’s specific direction. The Plaintiffs were to have been paid the monthly work on the 15th day of the following month.
3) However, the Defendant did not pay the Plaintiffs’ wage as of May 15, 2017, which is to be paid by the Plaintiffs on April 15, 2017, and thus, sought payment of each money as stated in the purport of the claim and damages for delay thereof. (B) While the Defendant’s assertion is providing labor at the construction site of this case, the Plaintiffs, despite the fact that the wage according to the performance of construction work is KRW 206,70,000 (including the cost of labor as of April 2017, which is the claim amount), filed a claim with the head of the site office, etc. for the release of fake work records, thereby receiving KRW 215,232,00 as the wage up to March 2017. Accordingly, if the Plaintiffs set off the Defendant’s repayment claim against the labor cost unfairly paid by March 2017 and the obligation to pay the Defendant’s wage as of April 2, 2017, the Defendant is not entitled to pay the Defendant’s wage to the Plaintiffs.
As to the Defendant’s assertion, the witness K acquired construction at the instant site after May 2017, and testified that the reported wage was paid unfairly by comparing the work status by team during the previous construction period, the contract construction cost, the number of calendar days on the wage ledger, the work volume, etc. However, although the above K without managing construction at the site, it is difficult to know exactly the previous construction details and the contract construction cost by team.