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(영문) 춘천지방법원 강릉지원 2018.11.06 2018나30235
임금
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Determination on the cause of the claim

A. The gist of the parties’ assertion 1) The Plaintiffs are the other party among the “transfer and new construction works of JJJ high schools” undertaken by the Defendant under a subcontract.

(2) Although the Defendant was employed from July 1, 2016 to July 18, 2016 on the spot and worked as another official, it did not receive the wages from the Defendant, the Defendant is obligated to pay the Plaintiffs unpaid wages. (2) The Defendant was merely entrusted with a labor contract with the Plaintiff A in relation to the instant construction work, and there was no fact that the Defendant employed the Plaintiffs.

B. Determination 1) Comprehensively taking account of the overall purport of the arguments in the statement of evidence Nos. 8 and 11, it is acknowledged that the plaintiffs performed the work at the construction site of this case from July 1, 2016 to July 18, 2016.2) Meanwhile, the following facts and circumstances can be acknowledged by taking into account the aforementioned evidence and the overall purport of the arguments in the statement of evidence Nos. 4, 9, 12, and 13, and Nos. 1 through 3, i.e., (i) the plaintiff A was determined by the plaintiff A, not the defendant, while entering the construction site of this case, and (ii) the plaintiff A was not the defendant to receive work instructions from the construction site of this case, and managed the workplace and work contents, etc., and (iii) the defendant was not the defendant to pay part of the plaintiff A’s wages to the plaintiff A, including the labor section of this case, and (iv) the plaintiff was not directly paid from the defendant A’s work site of this case.

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