노무비
1. All appeals by the plaintiffs (appointed parties) are dismissed.
2. The costs of appeal are assessed against the Plaintiff (Appointed Party).
Basic Facts
On March 6, 2013, the Defendant subcontracted the instant construction work of reinforced concrete to 1.148 billion won in the construction cost, among H new construction works, an urban residential housing located in Gangdong-gu Seoul Metropolitan Government (hereinafter “instant construction works”).
Plaintiffs and designated parties (hereinafter referred to as “Plaintiffs”) are the I-affiliated workers.
[Grounds for recognition] The Plaintiffs asserted that the Plaintiffs provided labor for I at the construction site of this case, but I did not pay wages from May 2013, and the Plaintiffs suspended the construction work.
On July 12, 2013, the head of the Defendant’s site office requested the Plaintiffs to “the completion of the 1st floor slab slives work, for which the Defendant shall pay all the Defendant’s wage,” and the Plaintiffs accepted this and resumed the work.
Around August 8, 2013, the Defendant’s On-Site Director: (a) stated that “The construction should be terminated; (b) the work should be suspended; and (c) the Defendant’s On-Site Director’s work should be discontinued; and (d) the Plaintiffs prepared a “written report on occurrence and unpaid direct payment” (Evidence A 3) to the Defendant; (b) however, the Defendant did not pay any wage and prohibited the Plaintiffs from entering the construction site.
Therefore, pursuant to the above wage payment agreement, the defendant is obligated to pay the plaintiffs the money stated in the attached Form 2 "Labor Expense" table and the delay damages for this.
Judgment
On or around July 12, 2013 or August 8, 2013, the defendant's on-site director agreed to the effect that "the defendant would pay wages to the plaintiffs directly on behalf of I" to the plaintiffs as follows: Gap evidence 4-1, 2 (each written confirmation, part of the plaintiffs' statement), Gap evidence 5 (the witness examination report, I and the defendant's testimony in the lawsuit between I and the defendant), and Gap evidence 8 (the facts confirmation, and the statement of I representative director).