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(영문) 청주지방법원충주지원 2015.08.05 2014가단5886
임금
Text

1. The Defendant’s KRW 6,500,000 as well as the annual rate of KRW 5% from August 2, 2014 to August 5, 2015 to the Plaintiff.

Reasons

1. Basic factual basis

A. On December 31, 2013, the Plaintiff entered into a B-work contract (hereinafter “instant contract”) with respect to the 3rd section out of the facility construction of the 3rd section, the 195 Hasung-dong establishment S3 New D-dong establishment, which was implemented by the Defendant under a contract with the Defendant, with the Defendant, on December 31, 2013, with respect to the construction of the 3rd section off board (hereinafter “instant construction”).

From January 1, 2014 to April 30, 2014, the contract term of contract, the Plaintiff employed on-site workers as B and implements the instant construction, and the Defendant shall pay the Plaintiff the minimum of KRW 100,000 per day as wages.

The defendant shall pay piece rates to the plaintiff according to the fair rate of the construction of this case, and the plaintiff shall allocate piece rates to field workers.

B. On March 20, 2014, the Plaintiff discontinued the instant construction before completing it.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The plaintiff's summary of the plaintiff's assertion shall pay to the plaintiff a total of KRW 64,867,80 as follows.

① From January 15, 2014 to March 20, 2014, the Plaintiff’s wage of KRW 13,000,000 for 65 days, and ② With the Defendant’s consent, KRW 6,127,800 for expenses, such as the Plaintiff’s oral labor cost of KRW 45,740,00,00 for employees and workers that the Defendant agreed to pay to the Plaintiff at the time of the discontinuance of the instant construction with the Defendant’s consent, and the Plaintiff’s expenses

3. Determination

A. According to the facts of the Plaintiff’s claim for wages, the Defendant shall pay 6,500,000 won per day for 65 days from January 15, 2014 to March 20, 2014 under the instant contract to the Plaintiff.

Meanwhile, with respect to the Plaintiff’s wage claim amounting to KRW 6,500,000, the evidence submitted by the Plaintiff, such as the Plaintiff’s evidence No. 2, is insufficient to recognize the existence of wage claim, and there is no other evidence to acknowledge it.

Therefore, the Plaintiff’s claim for wages in this part cannot be accepted.

(b) Other.

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