A. The Plaintiff is an individual entrepreneur who engages in the business of dispatching human resources and mediating employment under the trade name of “E”, and Defendant C Co., Ltd. (hereinafter “Defendant C”) is a company established for the purpose of manufacturing, such as electricity, electronic parts, etc., and Defendant D Co., Ltd. (hereinafter “Defendant D”) is a company established for the purpose of construction work and registered under the Framework Act on the Construction Industry on August 24, 2015.

B. On March 21, 2017, Defendant C entered into a contract for construction works with Defendant D with the content that the construction work for the F-based neighborhood living facilities (hereinafter “instant construction work”) was to be executed by setting the construction cost of KRW 3,100,000,000 (excluding value-added tax) and the construction period from March 27, 2017 to December 31, 2017.

C. Defendant D, as an individual entrepreneur of the trade name “G” on April 5, 2017, ordered H, who is not a constructor under Article 2 subparag. 7 of the Framework Act on the Construction Industry, to perform construction works under the structure pumps (hereinafter “instant subcontracted works”), with the construction cost of KRW 250,00,000 (excluding value-added tax) and the construction period from April 9, 2017 to May 30, 2017.

At the request of H, the Plaintiff supplied 95,052,50 won (i.e., the sum of wages from May 3, 2017 to June 9, 2017) and 60 others (i.e., 60 won) from May 3, 2017 at the construction site of concrete for the first floor among the instant subcontracted projects.

E. When the Plaintiff had been in arrears with KRW 75,052,50 among the above wages, the Plaintiff subrogated the said father to KRW 75,052,50 by June 10, 2017.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 5, 8 through 10, and the purport of the whole pleadings

2. Determination as to the claim against Defendant D

A. According to Article 44-2(1) of the Labor Standards Act, where a construction business has been subcontracted two or more times under Article 2(11) of the Framework Act on the Construction Industry, a subcontractor who is not a constructor under subparagraph 7 of Article 2 of the same Act shall pay wages to his/her employees.