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(영문) 수원지방법원안양지원 2014.09.18 2013가단9510
임금 등
Text

1. The Defendants jointly and severally agreed to the Plaintiff (Appointeds) KRW 2,475,00, KRW 3,240,000, and KRW 3,240,000, and KRW 2.2.

Reasons

1. Determination on the cause of the claim

A. With respect to the Plaintiff (Appointed Party) and the remaining designated parties against the Defendants’ claim for unpaid wages, Defendant B entered into an employment contract with the Plaintiff (Appointed Party) and the remaining designated parties, and Defendant B merely entered into the site director of the K and the actual employer is the Defendant C, and thus, he cannot respond to the claim. (b) The facts of recognition are as follows: (i) comprehensively taking account of the overall purport of the arguments in each of the evidence Nos. 1 through 4, Nos. 1 and 2, and the purport of the argument, K may acknowledge the following facts from the Seoul Shimcom Corporation (hereinafter “instant construction”).

After being awarded a contract, Defendant C subcontracted the instant construction to Defendant C, and Defendant C re-subcontracted the instant construction to Defendant B, and the Plaintiff (Appointed Party) and the remaining designated parties performed the instant construction work at the site of the instant construction. (ii) Defendant B is a business entity running M, and Defendant B was investigated into the delayed payment of wages at the Seoul High Military Service Seoul High Military Service (Seoul High Military Service) on January 24, 2013, and recognized that it is an employer for Plaintiff (Appointed Party) and the rest of the designated parties.

3) The Plaintiff (Appointed Party) and the remaining designated parties filed a civil petition against the delayed payment of wages in Seoul Metro. K drafted a labor contract between the Plaintiff (Appointed Party) and the remaining designated parties for the purpose of hiding the subcontracting, and paid part of the wages in arrears for the withdrawal of civil petitions. 4) Defendant C guaranteed the payment of the remaining wages on February 24, 2013, issued to the Plaintiff (Appointed Party) a promissory note with face value of KRW 25,000,000, and the due date of payment on March 13, 2012. The Plaintiff (Appointed Party) extended the due date of payment of wages on March 13, 2012. However, the said promissory note was denied payment on the due date.

5) The Plaintiff (Appointed Party KRW 2,475,00 for the appointed Party, KRW 3,240,00 for the appointed Party and KRW 3,240,00 for the appointed Party.

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