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(영문) 서울서부지방법원 2014.07.29 2012가단54877
임금
Text

1. Defendant B’s KRW 13,248,310 as well as 5% per annum from October 16, 2012 to July 29, 2014, respectively, to the Plaintiff.

Reasons

1. The fact of recognition of the basic business relationship between the Plaintiff and the Defendants was primarily awarded a subcontract for metal works by the constructor, and the Plaintiff provided necessary labor services by inviting, leading, and providing the whole number of the parts in return for the payment of each wage (the difference between the amount received from the subcontractor and the amount distributed to the person, out of the total amount of the Plaintiff’s wage and the other parts’ wage) took advantage of the remaining money left after allocating each wage to the whole number of the parts in return for the payment of the wage.

Meanwhile, Defendant B is an individual entrepreneur who carries on construction business in the name of “D” in the old city, and Defendant C used the position of “D director” as an employee of Defendant B’s external business or supervision and supervision of construction site.

From around B in 2011, the Plaintiff and Defendant B led to the re-subcontracting transaction of labor at various construction sites, such as new (opphonephone store), locking (Liphone), new world department store (Gangnam store), new villages (sports soil), Ansan, Ansan-dong, and the branch office of Korea.

At the end of July, 2012, Defendant B accepted a subcontract for the work of providing labor for port works (from July 29, 2012 to October 4, 2012; hereinafter “port works”) on the first floor and second floor among port E hotel new works, and again ordered the Plaintiff to re-subcontract the work for port works.

On August 1, 2012, Defendant B drafted a subcontract agreement on the port construction work between Dawon L&C Co., Ltd., and the Plaintiff also provided seven copies (F, G, H, I, J, K, and L) recruited by the Plaintiff from the same date to the construction site of the port.

On September 12, 2012, Defendant B was awarded a subcontract for metal works (pre-determined construction period: from September 13, 2012 to November 15, 2012; hereinafter referred to as “original construction”) among M department stores (original datum) 3 construction sections, Section 3 interior works, from the Karch Design Co., Ltd.

Plaintiff, G, and H are themselves.

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