A. On December 20, 2018, Defendant B entered into a subcontract with Defendant C on January 12, 2019 with respect to the part of the reinforced concrete construction work (hereinafter “instant construction work”) after having been awarded a contract for a new construction work for 24 units of apartment houses on the land, F, Gohap-gun, Gyeong-gun, and 7 parcels of land from D and E, and Defendant C designated G and H as the responsible contractor for the instant construction work.

B. G around January 17, 2019, around January 17, 2019, G re-subcontracted part of the instant construction to I, the unregistered constructor.

The Plaintiff operating a human resources supplier in the name of “J” has invested part of the daily workers (hereinafter “instant workers”) from February 2019 to May 2019 at the request of I, and the instant workers provided labor in accordance with G and I’s direction and supervision.

C. Wages for the instant workers are KRW 40,326,00 in total, and the Plaintiff paid the said wages to the instant workers, and was delegated with the right to the said wages.

The Defendants are corporations that have completed the registration of construction business and are construction business operators under Article 2 subparagraph 7 of the Framework Act on the Construction Industry.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 5, 9 through 15, Eul evidence Nos. 1 and 2 (including each number), and the purport of the whole pleadings

2. The assertion and judgment

A. Article 44-2(1) of the Labor Standards Act provides that where a construction business is made two or more contracts, if a subcontractor who is not a construction business operator under the Framework Act on the Construction Industry fails to pay wages to his/her workers, a subcontractor’s direct subcontractor shall be jointly and severally liable to pay wages to his/her workers employed by the subcontractor. Article 44-2(2) provides that the immediate upper-tier subcontractor is not a construction business operator under the Framework Act on the Construction Industry.