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(영문) 서울남부지방법원 2020.06.05 2019가단243356
임금
Text

1. The Defendant’s KRW 51,860,00 for the Plaintiff and KRW 5% per annum from November 15, 2016 to July 4, 2019.

Reasons

1. Facts of recognition;

A. The Defendant concluded a human resources supply contract with the Plaintiff to carry out reinforced concrete construction among new infrastructure construction works located in Yeonsu-gu Incheon Metropolitan City D.

B. Upon the Defendant’s request, the Plaintiff supplied necessary human resources to the Corporation, and paid daily allowances to the workers, and received settlement from the Defendant on the 10th day of the following month in a lump sum.

C. E, F, G, H, and I, the team leader of each work site, verified the number of workers and the number of workers in the work site, signed and submitted them to J, the Defendant’s site manager, and the Plaintiff paid daily allowances to workers only after confirming the signature of the said J. D.

On September 13, 2016, the Plaintiff received KRW 20,263,00 from the Defendant’s wage on August 2016.

E. From August 26, 2016, the Plaintiff’s wage of September 2016

9. up to 25) 42,340,00 won and 10-minutes’ wage (from September 26, 2016 to October 5, 201) are KRW 9,520,00. 【Ground for Recognition” did not have any dispute, Party A, 7, 10, and 11 (including family numbers; hereinafter the same shall apply).

each entry, the purport of the whole pleading

2. According to the above facts finding as to the cause of claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff 51,860,000 won settlement amount and damages for delay at each rate of 5% per annum under the Civil Act from November 15, 2016 to July 4, 2019, the delivery date of the original copy of the instant payment order, which is the date of service of the original copy of the instant payment order, and 12% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.

3. Judgment on the defendant's defense, etc.

A. The defendant shall sign K and L, not the J, the defendant's on-site director, in part of the work confirmation receipt (on-site) submitted by the plaintiff, and the plaintiff may deduct the referral fees, so the receipt or financial transaction details received by paying daily allowances to the work worker in order to understand the actual wage should be submitted.

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