(영문) 수원지방법원 2017.04.26 2016가단35150

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(영문) 수원지방법원 2017.04.26 2016가단35150

이익배당금

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Evidence 【Evidence】1, A2-1, B-1 through 4, and the purport of the whole pleadings;

A. From March 2016 to June 2016, the Plaintiff and the Defendant, a national of the People’s Republic of China, employed the type of alpty trees (alley-si Dayang-si D New Construction Project) at the site of the construction project in the Goyang-gu, Seoyang-gu, Seoyang-gu, Seoul, which was performed by the Construction Corporation.

The defendant worked as a person in charge of trees at a construction site, and the plaintiff was responsible for assisting the defendant to work as a part-time employee, and divided the daily allowances of the plaintiff to the part-time employee.

B. The Plaintiff was unable to open a bank account in the Republic of Korea as an illegal alien, and was traded into a bank account in the name of his spouse.

C. The Defendant deposited KRW 6 million to E on May 21, 2016, KRW 1 million, and KRW 1 million on May 29, 2016.

2. The allegations by the parties and the judgment of this court

A. 1) The plaintiff's assertion 1) The plaintiff's assertion that he received daily allowances from the US Construction Co., Ltd., and the plaintiff did not pay daily allowances to the plaintiff and paid 8,320,000 won per day to the plaintiff's side in cash or in cash on behalf of the defendant, and the defendant paid 1,661,440 won per day on behalf of the defendant as food expenses, medical expenses, accommodation expenses, etc. The defendant should pay at least 9,981,440 won to the plaintiff. 2) The defendant's counterargumentd the defendant's demand that all other foreign workers, including the plaintiff, were paid to the plaintiff at the construction site, and the plaintiff did not pay accommodation, transportation expenses, etc. on behalf of the defendant.

B. The judgment of this court and all of the defendants are those who work at the construction site and receive daily allowances, and it is difficult to find reasonable grounds for the plaintiff to pay lodging and lodging expenses on behalf of the defendant, and the defendant received and stored daily allowances from the construction of the KCAB.

There is no data that can be seen as arbitrarily using daily allowances without paying them to the public.

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