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(영문) 인천지방법원 2018.12.12 2017가단216959
퇴직금
Text

1. The Defendant: 7,924,219 won to Plaintiff A; 7,445,884 won to Plaintiff B; 7,949,256 won to Plaintiff C; and 6,978 won to Plaintiff D.

Reasons

1. Basic facts

A. From December 28, 2015 to January 8, 2017, the Plaintiffs provided labor at the site of the Haju Complex Construction Project (hereinafter “instant Construction”) in which the Defendant subcontracted from G to the Cheongju-si Co., Ltd. (hereinafter “instant Construction”).

B. On December 28, 2015, the Plaintiffs drafted each labor contract with the Defendant, and the amount calculated on the basis of eight-hour basic daily allowances per day is written in the column for the calculation of wages.

In addition to the above employment contract, other documents to determine the legal relationship between the plaintiffs and the defendant have not been prepared.

C. The Plaintiffs, at the construction site of the instant case, engaged in the assignment of the steel bars with Plaintiff E as the team leader.

The defendant confirmed the amount of team work to which the plaintiffs belong, and confirmed the total amount calculated by multiplying the amount of work per month by the amount of 35,000 won per average (the amount increased to 38,000 won in Ghana) between the plaintiff E.

On the 5th day of the following month, the defendant deposited the total amount less than the average amount divided by the team members, into the accounts of the remaining plaintiffs and other team members except the plaintiff E, respectively, and all of the remaining amounts were deposited into the plaintiff E account.

Plaintiff

E settled the amount exceeding the average amount of money received from the Defendant and distributed it to other Plaintiffs and team members.

[Ground of recognition] The entry of Gap evidence Nos. 3-1 to 5, the witness I, each part of the testimony of J, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiffs are the Defendant’s employees who provided labor with the Defendant at the construction site of this case according to the direction of the Defendant’s field supervisor and received the wages as group efficiency wage, and the Plaintiffs’ continuous employment period is one year or more, and thus, they seek retirement allowances from the Defendant pursuant to the Guarantee of Workers’ Retirement Benefits Act.

B. The Defendant, at the construction site of the Plaintiff E and the instant construction site, entered into a contract with the Defendant to set a unit price per minute for the works of walls and slab bars.

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