A. The Defendant Jinna Co., Ltd. (hereinafter “Defendant Co., Ltd”) contracted N&D works from the owner as a constructor under Article 2 subparag. 7 of the Framework Act on the Construction Industry, and subcontracted the C&D works in KRW 272,19,560 to O on January 1, 2017 (hereinafter “instant construction works”).

B. Around March 15, 2017, O again subcontracted the instant construction to Defendant M.

C. The Plaintiffs, employed by Defendant M, provided labor at the construction site during the same period as indicated in the attached Table “work date” column, and did not receive the same wages as indicated in the “request amount” column of the same Table.

On the other hand, O and Defendant M are not constructors under Article 2 subparagraph 7 of the Framework Act on the Construction Industry.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 4, the purport of the whole pleadings

2. Determination

A. In relation to the claim against Defendant M, according to the above facts of recognition, Defendant M is obligated to pay each wage as stated in the “claim Amount” column in the attached Table and its delay damages to the Plaintiffs.

B. As to the claim against the Defendant Company, the instant construction work has been executed on two or more occasions, and Defendant M andO is not a constructor under Article 2 subparag. 7 of the Framework Act on the Construction Industry. The Defendant Company, as a constructor under Article 2 subparag. 7 of the Framework Act on the Construction Industry, is obligated to pay each wage and any damages for delay indicated in the attached Table “request Amount” jointly and severally with Defendant M as a direct contractor under Article 4-2(1) and (2) of the Labor Standards Act. Meanwhile, Article 44-3(1) of the Labor Standards Act provides that a direct contractor shall pay the Plaintiffs each wage and any damages for delay.