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(영문) 대구지방법원안동지원 2019.04.17 2018가단22107

임금

Text

1. The Defendants shall be jointly and severally liable:

A. 3,850,00 won for Plaintiff A, 3,630,000 won for Plaintiff B, and 3,630,000 won for Plaintiff C and D respectively.

Reasons

1. Basic facts

A. P, Q, and R entered into a construction contract on the ground “U-new construction works” on the land, such as the land A and Adong-si T, and the said company subcontracted to Defendant P Co., Ltd. (hereinafter “Defendant Co., Ltd.”), and the Defendant Co., Ltd re-subcontracted the mold construction to Defendant N during the said construction works.

B. The Plaintiffs were employed by Defendant N and provided labor as indicated below at the above construction site, but did not receive wages.

Unpaid wages (won) during the period of service on February 25, 2018 A - June 7, 2018 3,850,630 B 3,630,000 C 3,600,600 D 3,600,600 E 3,237,500 F 3,607,500 G 2,562,500 H 1,387,500 I on May 17, 2018 - May 31, 2018 - 925,110,000 JJ 925,000 K925,000 L925,000 L925,000, 1,4080, 301, 201, / [Evidence evidence of the entire pleadings]

2. Determination

A. Judgment by public notice as to the claim against Defendant N (Article 208(3)3 of the Civil Procedure Act)

(1) If a subcontractor who is not a constructor under Article 2 subparagraph 7 of the Framework Act on the Construction Industry fails to pay wages to his/her workers when a construction business has been carried out on two or more occasions, the immediate upper contractor shall be liable to pay wages to his/her workers jointly and severally with the subcontractor.

(Article 44-2(1) of the Labor Standards Act. Since Defendant N is not a constructor under Article 2 subparag. 7 of the Framework Act on the Construction Industry, Defendant N is jointly and severally liable with Defendant NN to pay the amount indicated in the column of unpaid wages stated in the above basic facts, and damages for delay calculated at the rate of 20% per annum from the 14th day after the date the Plaintiffs finally provided labor to the day of complete payment.

(2) Determination on the assertion of the Defendant Company (A) The Defendant Company is within the scope of the subcontract price payable to Defendant N.