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(영문) 울산지방법원 2020.11.12 2019나16598
임금
Text

All appeals by the defendant are dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. Basic facts

A. The Defendant: (a) from October 2018, the Plaintiff and the designated parties (hereinafter “Plaintiffs”) worked for the Defendant’s day-to-day employee at the Hanyang-gu F apartment Construction Site (hereinafter “instant site”); (b) from October 2018, the Plaintiff and the designated parties worked for the Defendant’s day-to-day employee; (c) the Plaintiffs received wages from the Defendant in October 2018.

B. Around December 2018, the council of occupants’ representatives of the above apartment units sent to the Defendant an official document demanding the suspension of construction work at the above site by December 5, 2018.

C. The Plaintiffs were not paid wages in November 2018 and December 2018 from the Defendant. On March 21, 2019, the Plaintiffs were issued a written confirmation of overdue wages, etc. and the business owner’s confirmation as alleged below by the Korea Labor Agency of the Korea Labor Agency of Middlebu District.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 3, and 4 (including branch numbers, if any; hereinafter the same shall apply)

2. Determination as to the cause of action

A. 1) The parties’ assertion 1) The daily allowances of the Plaintiff Appointor D are KRW 200,000,000 for the remaining Plaintiffs’ daily allowances except for the Appointor D, KRW 1.6 million for the Plaintiff on November 2018 and December 2018, the Plaintiff 34 days at the instant site, KRW 32 days for the Appointor C, KRW 26 days for the Appointor D, and KRW 29 days for the Appointor E. Therefore, the Defendant is obligated to pay the Plaintiffs wages calculated on the basis of the above daily allowances and working days. 2) The Defendant suspended the construction on December 5, 2018 according to the official letter sent by the Defendant to the Defendant, and the Plaintiffs did not conduct the said work on the site in December 2018.

The evidence submitted by the plaintiffs is merely the calendar, etc. of which the parties directly stated, and the defendant shall pay to the plaintiffs the amount of KRW 3.84 million to the plaintiff, KRW 3.52 million to the selected parties C, KRW 4.6 million to the designated parties D, and KRW 4.6 million to the designated parties E as wages in November 2018.

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