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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked, and
Reasons
1. Determination
A. The Plaintiff asserts that the Plaintiff is obligated to pay the Plaintiff KRW 10,000,000,000 for the said period, on the grounds that: (a) the Plaintiff, from July 15, 2013 to February 24, 2014, received KRW 1250,00 per month as salary; and (b) the Defendant, as the site manager, worked at the construction site; and (c) the Defendant is obligated
In this regard, the defendant asserts that the plaintiff entered into a design contract on behalf of the plaintiff and did not have the right to enter into a labor contract.
In full view of the following circumstances, which are acknowledged as comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1 and 2 and 3, the Plaintiff filed a petition against the Defendant at the Labor Agency during the construction period; and the Defendant prepared and submitted a written statement to the effect that he/she was employed at KRW 1250,000 per month from July 21, 2013 to February 2014 as the Plaintiff’s assertion, it is reasonable to deem that the Plaintiff and the Defendant provided labor at the construction site after receiving KRW 1250,00 per month salary during the above period.
Therefore, the defendant is obligated to pay to the plaintiff 9,196,428 won [875 million won [the benefits (1250,000 won x 7) from July 15, 2013 to February 14, 2014] 446,428 won [the benefits (1250,000 won x 10/28) from February 15, 2014 to February 24, 2014] and damages for delay calculated at the rate of 20% per annum as stipulated in the Labor Standards Act from February 24, 2014 to February 14, 2014, which is the day after the retirement of the plaintiff.
B. As to the Defendant’s assertion, the Defendant asserted that the Plaintiff had given the answer by transferring the name of 4 million won at the market price with respect to the fact that the Plaintiff had given the work in the form of each subparagraph, and asserted the purport of reimbursement, the Defendant should pay the full amount of wages directly to the employee in currency.