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(영문) 서울남부지방법원 2015.06.04 2014나10866
임금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked.

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion that: (a) while operating the C Job Placement Office at the construction site, the Plaintiff provided the Defendant with the daily worker, and (b) concluded an agreement between the Defendant and the Plaintiff on the introduction of construction workforce that the Plaintiff would pay the Defendant the first wage; and (c) pursuant to the said agreement, the Plaintiff supplied the Defendant with the daily worker at the D Apartment Construction Site from April 16, 2013 to April 19, 2013 (hereinafter “instant construction site”); and (d) paid the Defendant a total of KRW 10,250,000 for the Defendant’s total wages on behalf of the Defendant, and thus, the Defendant is obligated to pay the Plaintiff the Plaintiff a total of KRW 10,250,000,000 for the wages paid by the Plaintiff on behalf of the Defendant.

B. As to the Defendant’s assertion, the Defendant did not conclude an agreement as alleged by the Plaintiff at the construction site of this case, and the Defendant asserted that he cannot respond to the Plaintiff’s claim merely because he was a worker who received wages as a tree.

2. As to whether there exists an agreement between the Plaintiff and the Defendant at the construction site of this case, the following circumstances, which are acknowledged by comprehensively considering the overall purport of the pleadings as to whether there is an agreement as alleged by the Plaintiff, i.e., health class, A’s evidence Nos. 5 through 7, and 11 (including various numbers), were concluded with the Defendant on Nov. 14, 2012, the Plaintiff supplied the Defendant with construction human resources at the new apartment construction site of Seongbuk-gu Seoul, Seoul, and subsequently paid the first wage, and later, concluded an agreement on the introduction of construction human resources to receive the Plaintiff’s wages and the introduction fee paid by the Defendant (hereinafter “Agreement on the introduction of construction human resources of this case”). ② The Plaintiff supplied the Defendant with the daily worker at the construction site of this case at that time, and on behalf of the Defendant.

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