(영문) 서울북부지방법원 2015.09.02 2014가단17753

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(영문) 서울북부지방법원 2015.09.02 2014가단17753

임금

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1. The plaintiff (Appointed)'s claim against the defendants is dismissed, respectively.

2. The costs of lawsuit are assessed against the Plaintiff (Appointed Party).

Reasons

1. On March 2011, Defendant C Co., Ltd (hereinafter “Defendant Co., Ltd”) awarded a contract for the interior works of E with D, and among which, it awarded a subcontract to Defendant B with the period fixed from March 8, 201 to June 30, 201 as KRW 117,700,000, and KRW 52,80,000,000 for the construction work cost as of June 30, 201.

(hereinafter referred to as the “instant subcontracted project”). Defendant B completed the said subcontracted project, agreed on August 30, 201 to settle the construction cost of the Defendant Company with the Defendant Company at KRW 132,00,000, and KRW 99,00,000,000, and received full payment of the construction cost from the Defendant Company.

[Ground of recognition] Facts without dispute, Eul 1, Eul 2, the purport of the whole pleadings

2. The assertion and judgment

A. 1) The Plaintiff (Appointed Party) and the appointed parties (hereinafter collectively referred to as “Plaintiffs”).

(2) Defendant B, upon having been employed by Defendant B as a daily worker on condition that he would be paid KRW 150,000,000 for the machine work and KRW 100,000,000, and provided labor at the construction site of this case from May 17, 201 to May 24, 2011, Defendant B directly employed the Plaintiffs. Defendant B, as a direct contractor, is jointly and severally liable to pay each wage indicated in the amount column in the attached credit table to the Plaintiffs. (2) Defendant B, around April 2011, ordered the Plaintiff (Appointed Party) to subcontract the construction cost of KRW 7,90,00 for the material cost and labor cost of the instant construction to the Plaintiff at KRW 8,00,000,000 for the construction cost, but the Plaintiff (Appointed Party) did not proceed with the construction work on May 17, 201 and did not proceed with the construction work at the construction site of this case from May 15, 201.

B. In light of the evidence No. 1, No. 2, and No. 6 (part), the evidence submitted by the Plaintiff (Appointed Party) is alone.

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