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(영문) 의정부지방법원 2015.05.29 2014가단51329
임금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Defendants, E, and F entered into a contract for the reconstruction work (hereinafter “instant construction work”) between the Defendants, E, and F (hereinafter “Nonindicted Co., Ltd”) and the Dried L&C Co., Ltd. (hereinafter “Nonindicted Co., Ltd”).

B. The Plaintiff worked at the site of the instant construction work as the head of the non-party company’s site.

C. Meanwhile, when the construction of this case was interrupted due to the bankruptcy of the non-party company, etc., the non-party company, the plaintiff, and the non-party company entered into an agreement with the owner of the building, including Jeju and E, to settle the plaintiff's wages at KRW 30 million in lieu of the compensation for delay that the non-party company should pay to the defendants, E, and F.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, Gap evidence 2-2, Gap evidence 4-1, 2, Eul evidence 1, Eul evidence 2, and the purport of the whole pleadings.

2. The assertion and judgment

A. The Plaintiff asserts that the Defendants and E/F’s owners agreed to pay the Plaintiff wages of KRW 30 million, and the Defendants are obligated to pay each of KRW 6 million amounting to KRW 1/5 and delay damages to the Plaintiff.

As to this, the Defendants did not agree to pay KRW 30 million to the Plaintiff, and family E agreed on behalf of the Defendants such as the Defendants.

This argues that the non-party company will pay the completion of the Vietnam Expansion Corporation, and that the non-party company has no obligation to pay it because it did not perform the Vietnam Expansion Corporation.

B. We examine whether the Defendants agreed to pay wages to the Plaintiff, and the fact that E agreed to pay to the Plaintiff KRW 30 million upon the completion of the bend construction by the non-party company to the Plaintiff is recognized as above. However, inasmuch as there is no evidence to acknowledge that E had the authority to conclude the above agreement on behalf of the Defendants, E is entitled to do so.

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