A. On August 21, 2018, Defendant S Co., Ltd (hereinafter “Defendant Co., Ltd”), a constructor under Article 2 subparag. 7 of the Framework Act on the Construction Industry (hereinafter “Defendant Co., Ltd”) subcontracted to Defendant R a charging room reinforced concrete construction project (hereinafter “instant construction”).

Defendant R is not a constructor under Article 2 subparagraph 7 of the Framework Act on the Construction Industry.

B. The Plaintiffs were employed by Defendant R and provided labor at the construction site of this case during each corresponding period specified in the attached “work period” column.

However, the Defendant Company failed to pay part of the subcontract price of this case to Defendant R, and accordingly, Defendant R also failed to pay the Plaintiffs each corresponding amount of money stated in the attached Form “interest” column.

[Ground of Recognition] between the Plaintiff and Defendant R: Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 3, the purport of the whole pleadings, the purport of the whole pleadings, and the relationship between the Plaintiff and the Defendant: Confession (Article 150(3) and (1) of the Civil Procedure Act)

2. Determination:

A. According to the facts of recognition of the Defendants’ obligation to pay wages, Defendant R is an employer of the Plaintiffs. Defendant R is jointly and severally with Defendant R as an immediate superior contractor under Article 44 or Article 44-2(1) of the Labor Standards Act, and is jointly and severally with Defendant R on the date following the 14th day after each Plaintiffs’ retirement date of the unpaid wages and each of the above amounts, the date of delayed payment calculated at the rate of 20% per annum as stipulated by the Labor Standards Act from each date to the date of full payment.

B. Defendant R’s assertion that Defendant R did not receive the subcontract price from Defendant Company, and that Defendant Company did not pay wages to the Plaintiffs, and that Defendant Company agreed to pay wages to the instant construction work with the Plaintiffs, and that Defendant Company’s obligation to pay wages was extinguished.