(영문) 광주지방법원 2019.10.23 2019나1011 | 리걸엔진

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(영문) 광주지방법원 2019.10.23 2019나1011

임금

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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. A. On May 11, 2017, the Defendant agreed to provide C Co., Ltd. (hereinafter “C”) with a subcontract for the part of reinforced concrete construction works (hereinafter “instant construction works”) among “Dental Construction Works” until March 15, 2018, and an intermediate payment of KRW 80% on the last day of the following month according to the fair ratio. The Plaintiff supplied workers at the instant construction site from February 2, 2018 to May 2018. (c) The Plaintiff received from the Defendant the full payment of KRW 5,649,920 on April 2, 2018, labor expenses for the employees from May 23, 2018, and labor expenses for the employees from May 24, 2018 to March 25, 2018 (the remaining wage for the representative director from May 24, 2018; and Defendant C’s remaining wage for KRW 365,545,585,565,565,5,5665,5,5,28,5,28.

"Written undertaking" (hereinafter referred to as "written undertaking of this case") means the letter of undertaking of this case.

E) The work was suspended on or around June 14, 2018 on the ground that the Defendant’s wage was unpaid. On the other hand, C notified C of the termination of the subcontract on July 4, 2018. The Plaintiff supplied the workers at the construction site of this case and notified C of the termination of the subcontract on July 4, 2018. The wages of the workers on April 2018 and May 2018, totaled KRW 26,492,00. [In the absence of any dispute over the grounds for recognition, evidence Nos. 1 through 6, evidence No. 4, evidence No. 4, testimony of the witness F at the trial, and the purport of the entire pleadings.

2. The plaintiff's assertion and judgment as to the plaintiff

A. The gist of the Plaintiff’s assertion is that while the Plaintiff supplied workers at the instant construction site upon the Defendant’s request by C, which is a subcontractor, the Plaintiff supplied the Plaintiff, the Plaintiff would not extend the construction period as of February 2018 from C to March 15, 2018, and thus, the Plaintiff would have to reduce wages after the expiration of the contract period.

유사 판례

-대구지방법원 2018.05.17 2017가합203491

-서울동부지방법원 2018.07.20 2018가단101438

-서울동부지방법원 2018.10.05 2018나895

-서울동부지방법원 2017.05.31 2016가단18181

-부산지방법원 2019.02.28 2018고단2740