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(영문) 제주지방법원 2018.11.19 2016가단17018
체불임금등
Text

1. Defendant B Co., Ltd.: (a) KRW 29,69,97 for the Plaintiff and KRW 5% per annum from October 14, 2015 to November 19, 2018.

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “Defendant B”) was awarded a subcontract for a new construction project in the name of the F Co., Ltd. with a license for construction business, which is a comprehensive construction business.

B. G was the friendship of Defendant B, the representative director of Defendant B, and the F Company was introduced to Defendant B, and was given the position of director from Defendant B, and received benefits while managing the progress of the instant construction.

C. G had the Plaintiff carry out molding works during the instant construction. From June 2015 to September 18, 2015, G had the Plaintiff carry out the molding works, and had the Plaintiff carry out the molding works. D.

Defendant B, on June 2015, remitted the wages of the husband from June to July 7, 2015 to the Plaintiff in each subsequent month, and the Plaintiff divided them to the Plaintiff.

E. From August 2015 to August 2015

9. The number of output days is the total of 363.8 days (= August 223, 140.8) as shown in [Attachment 1] and (2).

G, on behalf of Defendant B, transferred to the Plaintiff KRW 10 million on September 23, 2015, and KRW 27,000,000 on September 24, 2015, KRW 17 million on September 24, 2015, and KRW 27,00,000 on September 24, 2015.

[Ground of recognition] Facts without dispute, Gap 2, 4, 5, 7, 8, 9, 10, 12, and 13 evidence (including branch numbers; hereinafter the same shall apply), Eul 1 and 4 evidence, witness G, H, I, and J's testimony and the purport of the whole pleadings

2. The parties' assertion

A. From August 1, 2015 to September 18, 2015, Plaintiff Company’s wage is KRW 74,674,709 (which appears to be a clerical error in KRW 74,674,679) as shown in attached Tables 1 and 2015, and Defendant B is obligated to pay the remainder of KRW 47,674,70,000 among them, and Defendant C promised to pay the said wage jointly and severally with Defendant B.

B. Defendant B is in the position of F subcontractor, but entered into a contract as a party to a subcontract formally.

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