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(영문) 서울중앙지방법원 2018.05.01 2017나11307
미지급노임결산금등
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

A. On April 25, 2012, the Defendant entered into a contract for construction works with D, setting the construction cost of KRW 1,681,818,182 (excluding value-added tax) and the construction period from April 25, 2012 to December 31, 2012, with respect to the construction works for the construction of the instant building on land (hereinafter “instant building”) outside Jongno-gu Seoul, Jongno-gu and four lots (hereinafter “instant construction works”).

(hereinafter “instant construction contract”). B.

On June 2012, the Plaintiff, who operated a job placement business with the Plaintiff’s trade name “C”, requested that the Plaintiff supply work seal to the construction site of the instant construction site from G G (be registered as the Defendant’s internal director from October 1, 2012 to October 1, 2015) who was the Defendant’s head of the construction site of the instant construction site. Accordingly, from June 20, 2012, the Plaintiff supplied the on-site workers, such as wood trees, spawds, and kns.

(hereinafter “instant human resources supply”). C.

(1) On March 5, 2013, the Plaintiff’s wage payment angle 1) stating that “I, as the Defendant’s on-site director, pay approximately KRW 41,00,000 (except for subsequent wage derived from delay) as of February 28, 2013, as of February 28, 2013, the Plaintiff’s wage payment angle G, as the Defendant’s on-site director, to pay KRW 41,00,000 (except for subsequent wage) invested by C, as of February 28, 2013.”

2) On March 1, 2013, the sum of the wages based on the supply figures under the supply figures supplied by the Plaintiff from March 1, 2013 to March 28, 2013, as follows: (i) the portion without the Defendant’s signature (I, G) and the portion of human resources input into other construction than the instant construction work due to the entry of the “Decree” on the construction work log (Evidence 3) and the portion without the Defendant’s signature on the number of calendars submitted by the Plaintiff and on the construction work log (Evidence 17) are excluded; and (ii) the portion of human resources input into the instant construction work other than the instant construction work on the date of confirmation on the number of calendars on the construction work log on the date of confirmation on the number of calendars on the construction work log; and (iii) the portion of human resources input on the part of the Plaintiff on the construction work log on March 1, 2013.

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