2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

A. On October 6, 2014, the Defendant entered into a subcontract with C Co., Ltd. (hereinafter “B”) by setting the construction cost of KRW 74,000,000 among the new construction works of Sampo-type Housing Co., Ltd. as KRW 74,00,000. On November 30, 2014, the Defendant entered into a contract for additional modification of KRW 5,500,000.

B. The Plaintiff and the designated parties were employed in the foregoing B, and performed the said subcontracted work from October 5, 2014 to December 20, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion is that the defendant, a contractor in the direct position B under Article 44 (1) of the Labor Standards Act, was not paid wages from B due to the reasons attributable to the plaintiff, etc., such as deposit of the remaining amount and agreement with the plaintiff, etc., and thus, the defendant is liable to pay wages to the plaintiff and the selected person under the above Act

B. Article 44(1) of the Labor Standards Act provides that “If a project is performed based on multiple contracts, and the amount of sewage is not paid to workers due to a cause attributable to the immediately upper contractor, the immediately upper tier contractor shall be jointly and severally liable with the subcontractor.” Article 44(2) of the Labor Standards Act and Article 24 of the Enforcement Decree of the Labor Standards Act provide that “Where the contract amount is not paid on the contract payment date stipulated in the contract without justifiable grounds (Article 1); where the supply of raw materials stipulated in the contract without justifiable grounds is delayed or fails to supply (Article 2); where the supply of raw materials is delayed or fails to supply the supplied materials without justifiable grounds (Article 3); where the supply of sewage is not performed normally due to the failure to perform the contract terms without justifiable grounds (Article 3).”

On the other hand, it is difficult to recognize that the unpaid wages of B were attributable to the defendant just because the plaintiff asserted, and otherwise, the defendant is the defendant.