노임지급 청구의 소
All appeals filed by the plaintiffs and the claims added by this court are dismissed.
Additional costs incurred in filing an appeal.
1. The reasons for this part of the facts of recognition are as follows: “Defendant AP” shall be deemed to be “AP”; “Defendant AP group” shall be deemed to be “Defendant”; and “Defendant Qu group” shall be cited by the main sentence of Article 420 of the Civil Procedure Act, on the ground of the first instance judgment, except for the reasons for this part of “1. Facts of Recognition”.
2. The assertion and judgment
A. The gist of the plaintiffs' assertion (1) AV, etc., who did not provide labor at the construction site of this case, submitted a labor cost claim to AZ, etc., which is a public official belonging to the defendant, by forging a labor cost claim, etc. as if eight persons, including AY, who did not provide labor at the construction site of this case. Accordingly, the defendant paid the wages to the plaintiffs to AV, etc., rather than the plaintiffs, thereby causing damage
AZ, etc. is responsible for aiding and abetting the above crime of AV, etc. or for not properly ascertaining the details of the labor cost claim. Thus, it constitutes a joint tortfeasor with AV, etc., and also constitutes a tort as "a person who knowingly grants subsidies despite being aware of the fact that it is a false application or any other unlawful method" in the latter part of Article 40 subparagraph 1 of the Subsidy Management Act.
Therefore, the defendant is liable for damages suffered by the plaintiffs as the user of the Z, etc.
(2) Even if the Defendant did not bear the liability for tort, the Plaintiffs sought the Defendant from the early November 2017 first, and discussed a solution for the unpaid wage as well as the head of the Gun, the vice-head of the Gun, the head of the department in charge, and the chief of the fraternity. On January 22, 2018, the Defendant promised to the Plaintiffs that “If it is confirmed that the construction price was paid by a fake passbook, the Plaintiffs would be liable for the unpaid wage,” and in the relevant criminal case, the fact that the wage was deposited by the passbook of the persons who are not related to the instant construction work, was revealed. Therefore, the Defendant.