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전주지방법원 2018.02.07 2016가단25920

임금 등

Text

1. The administrator J of the Plaintiff A, the Defendant H 2,600,000 won, and the Defendant Rehabilitation Obligor Co., Ltd. is Defendant H.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 and 2 (including paper numbers; hereinafter the same shall apply), and each entry in Eul evidence Nos. 2-11 does not interfere with the above recognition, and there is no counter-proof otherwise.

Defendant H, on September 3, 2015, Co., Ltd. I (hereinafter “Nonindicted Company”) awarded a subcontract for each of the above construction costs of KRW 71,500,000, and on May 3, 2016, “K Installation” as “K Installation Work” at KRW 4,000,000, and Defendant H completed the said construction by employing the Plaintiffs.

B. However, Defendant H did not receive the total of KRW 12,524,00 from the non-party company's respective construction costs, and did not pay the Plaintiffs wages in accordance with each of the above construction costs. The amount reaches KRW 2,60,000 by Plaintiff A; KRW 650,00 by Plaintiff B; KRW 1,560,00 by Plaintiff C; KRW 3,640,00 by Plaintiff D; KRW 4,940,00 by Plaintiff E, and KRW 2,340,00 by Plaintiff F.

C. On the other hand, on December 7, 2016, the court rendered a decision to commence the rehabilitation procedure against the non-party company (2016 Gohap110), thereby deeming that J, the representative director of which, was the custodian (Article 74(4) of the Debtor Rehabilitation and Bankruptcy Act), and Defendant H does not constitute a constructor under Article 2(7) of the Framework Act on the Construction Industry.

2. Where a construction business has been conducted with a wrong judgment on the cause of the claim two or more times and a subcontract under subparagraph 11 of Article 2 of the Framework Act on the Construction Industry and a subcontractor who is not a constructor under subparagraph 7 of Article 2 of the same Act fails to pay wages to workers he/she employs, the immediate upper contractor shall be liable to pay wages to workers employed by the subcontractor jointly and severally

(Article 44-2(1) of the Labor Standards Act (Article 44-2(1) of the Labor Standards Act). According to the above facts, Defendant H has the obligation to pay the above wages to the Plaintiffs.