임금
1. The part of the first instance judgment against the Defendants shall be revoked.
2. The Defendants are Co-Defendant D Co-Defendant in the first instance trial.
1. Facts of recognition;
A. The Defendants were awarded a contract for reinforced concrete construction work (hereinafter “instant construction work”) from the first instance joint Defendant D Co-Defendant D Co-Defendant D (hereinafter “Co-Defendant D”) among the construction work of new ground F building, such as Gwangju Mine-gu E.
B. The Plaintiff, as employed by the Defendants, provided labor as a type of mold tree at the construction site from January 2, 2014 to January 28, 2014, but did not receive wages of KRW 2.34 million.
C. On September 9, 2015, the Plaintiff received KRW 1.1 million out of the unpaid wages from the Nonparty Company that promised to pay the unpaid wages.
On May 30, 2017, the Defendants received a summary order of KRW 5 million as criminal facts violating the Framework Act on the Construction Industry that “the construction work was performed using the trade name of the company operated by another person at the instant construction site” by the Gwangju District Court Decision 2017 High Court Decision 201Da5200, May 30, 201. Accordingly, Defendant B did not make a request for formal trial, and Defendant C filed a request for formal trial with the Gwangju District Court 2017 High Court 201DaMa839. On October 25, 2017, the said court found Defendant C guilty of the above criminal facts and sentenced Defendant C to a fine of KRW 5 million, and the said judgment became final and conclusive on November 2, 2017.
E. The Defendants are not constructors under Article 2 subparag. 7 of the Framework Act on the Construction Industry.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 6 (including branch numbers; hereinafter the same shall apply)
2. According to the facts found in the determination as to the cause of the claim, the Defendants jointly and severally with the non-party company [1,975,978 won [2,340,00 won unpaid wage 1,240,340,000 won] and the damages for delay calculated by the ratio of 20% per annum as stipulated in the Labor Standards Act from February 12, 2014 to September 8, 2015, 735,978 won (=2,340,000 won x 20% x 20% x 574/365 days and less than won)].