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(영문) 부산지방법원 2019.10.31 2018나54927
노무비
Text

1. The plaintiff's appeal and the additional selective claims filed by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. The court's explanation on this part of the basic facts is the same as the relevant part of the judgment of the court of first instance, and thus, citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The parties' assertion

A. Plaintiff’s assertion 1) From November 1, 2015 to February 4, 2016, the Plaintiff supplied work workforce at the instant construction site and did not receive KRW 46,180,00 from F who performed the construction work. However, the Defendants are jointly and severally liable to pay KRW 46,180,00 to the Plaintiff, and the Defendants were jointly and severally liable to pay the Plaintiff labor cost. 2) Since F, who was not the constructor registered pursuant to the construction-related laws and regulations, was employed by the Plaintiff, was not jointly and severally liable to pay the Plaintiff’s labor cost, Defendant C, a contractor of F, is jointly and severally liable with F pursuant to Article 44-2(1) of the Labor Standards Act. However, Defendant C, a contractor of F, has the duty to pay the Plaintiff’s labor cost with the Defendant’s labor cost reimbursement under Article 739 of the Civil Act, even if the Plaintiff accepted the Plaintiff’s labor cost reimbursement for Defendant C’s work cost.

Therefore, Defendant C shall pay to the Plaintiff money equivalent to the above labor cost pursuant to Articles 480(1) and 482(1) of the Civil Act.

B. The Defendants’ assertion 1) Defendant C paid F a sum of KRW 136,410,00 in excess of the agreed construction cost and, even if there was no payment of the construction cost, the Plaintiff’s coercion prepared the instant text of this case. Therefore, each of the instant text of this case is invalid or revoked. 2)

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