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(영문) 전주지방법원 2016.11.30 2016가단27018

임금

Text

1. The Defendants jointly and severally against the Plaintiff A, KRW 6,900,000, KRW 2700,000 to the Plaintiff B, and KRW 5,760,000 to the Plaintiff C, and the Plaintiff.

Reasons

1. Facts of recognition;

A. Defendant tree Construction Co., Ltd. (hereinafter “Defendant tree Construction”) awarded a subcontract to Defendant F who did not register the mold construction business during the said construction work as a corporation for the purpose of housing and apartment construction business, etc., by entering into a contract with G for a new apartment house construction project.

B. Defendant F performed the instant mold construction from March 15, 2016 to July 1, 2016, and the Plaintiffs provided labor at the site of the subcontracted construction work by Defendant F.

C. Defendant tree construction directly paid wages to the Plaintiffs by April 2016, and the Plaintiffs did not receive the amount of money as stated in paragraph (1) of this Article, which was wages after May 2016.

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

2. According to the above findings of determination, Defendant F is an employer who employs the plaintiffs, and Defendant F is jointly and severally liable with Defendant F to pay damages for delay at the rate of 20% per annum as stipulated in the Labor Standards Act and the Enforcement Decree of the same Act from each of the dates indicated in paragraph (1) to the date of full payment, which is the 14th day after each of the retirement dates of the Plaintiffs’ unpaid wages specified in paragraph (1) of this Article and the Plaintiffs’ retirement dates.

3. In conclusion, the plaintiffs' claims against the defendants are justified, and it is so decided as per Disposition.