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1. Revocation of a judgment of the first instance;
2. The Defendant shall pay to the Plaintiff KRW 6,400,000 as well as its full payment from May 25, 2013.
Reasons
1. The parties' assertion
A. The plaintiff's assertion 1) The defendant is awarded a contract for the work to maintain sewage conduits in the south of the west-gun of the west-gun of the west-gun, and the construction work of the water supply and drainage facilities among them is a tugboat construction company (hereinafter
(2) The Defendant is obligated to pay the Plaintiff wage of KRW 6,40,000,00,000 and damages for delay, as the Defendant directly employed the Plaintiff, even if the relationship between the Plaintiff and the Defendant is not acknowledged, the Defendant, as a directly employed contractor, bears the responsibility for wage payment under Articles 44-2 and 44(1) of the Labor Standards Act, and as the Plaintiff is liable to pay the Plaintiff wage of KRW 2,60,00,000,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000).
B. The defendant's assertion that the defendant did not directly operate the above water supply and sewerage construction, which subcontracted the construction to the YY, and only paid the material cost and personnel expenses at the request of the direct refusal of the construction. Since the plaintiff is a worker employed for the YY construction, he cannot comply with the plaintiff's claim.
2. Determination
A. First, as to whether a direct employment relationship exists between the Plaintiff and the Defendant, the following facts are acknowledged if the purport of the entire pleadings is added to the respective statements in Gap evidence Nos. 1 through 12, Eul evidence Nos. 1 and 2:
1) Since February 101, 2009, South-gun agreed to divide the total construction cost of KRW 4,305,832,00 and the total construction period from July 1, 2009 to February 26, 2013 into four parts of the sewage culvert maintenance work by construction period. 2) South-gun agreed to divide the sewage culvert maintenance work into four parts of each construction period.