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(영문) 서울중앙지방법원 2019.02.21 2018가단5151480
임금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts may be found based on Gap evidence 1, Gap evidence 2, Eul evidence 3-1 to 5, Eul evidence 1, Eul evidence 2, Eul evidence 2, witness Eul's testimony, and the whole purport of the pleadings. A.

The defendant was awarded a subcontract for the Frigyp construction among the Frigyp construction works from E Co., Ltd. and re-subcontracted the furniture construction work to G Co., Ltd.

G Co., Ltd. entered only once. The same applies to G Co., Ltd., which was sub-subcontracted by the Defendant to H, re-subcontracted the construction of a main tin plate among the furnitures that were sub-subcontracted by the Defendant, and H had daily workers, including the Plaintiff, perform the said construction work.

B. The Plaintiff, along with the human body, performed the installation work of the main stone board, but failed to receive wages from time, demanded solutions to E, a contractor, and E, a sewage contractor, demanded the head of the Defendant’s site office D to take measures.

D) On February 1, 2018, in E, it confirmed that “80,000,000 won out of the remainder of the Defendant’s flag until the completion of the tiny work is postponed. By February 14, 2018, D confirmed that the tiny will resolve the tiny by February 14, 2018, and that the amount of personnel expenses of KRW 80,000,000 should be withheld.” As the above problem, D prepared a written confirmation (Evidence 2) to the effect that all civil and criminal responsibilities are committed to the Defendant.”

2. The assertion and judgment

A. The Plaintiff prepared a written confirmation with the purport that the Defendant would directly pay the Plaintiff’s wages until February 14, 2018 when the work for the construction of the substitute stone board was completed by February 8, 2018. Thus, the Defendant asserts that the Defendant is obligated to pay the Plaintiff’s wages as stipulated in the said written confirmation.

B. Comprehensively taking account of the circumstances leading up to the preparation of the above written confirmation, text, etc., the Defendant’s receipt of the progress payment from E until the completion of the installation work on the tin plate.

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