A. Defendant C Co., Ltd. (hereinafter only referred to as Defendant C Co., Ltd.) is a corporate entrepreneur engaged in the construction business, who was awarded a contract for AP main license, and Defendant B was engaged in indoor interior decoration fishery in the name of Nonparty AR, and was awarded a contract with Defendant C Co., Ltd. for some of the above construction works (hereinafter referred to as the subcontracted works in this case), and the Plaintiff (appointed parties), and 38 persons (hereinafter collectively referred to as the Plaintiffs and their designated parties), who were employed by Defendant B, to provide labor at the site of the subcontracted works in this case, around May 4, 2015.

B. The Plaintiffs filed an accusation against the Defendants under suspicion of delayed payment of wages with the Daegu Regional Labor Office on the ground that they did work at the site of the subcontracted project in this case and did not receive proper wages. Defendant B was prosecuted on the ground of delayed payment of wages and was sentenced to a dismissal judgment, and a fine of KRW 2,00,000 for the criminal facts related to some Plaintiffs in the Daegu District Court, and the Defendant Company was subject to a prosecutor’s non-guilty disposition on the ground that it is difficult to recognize the intent of violation of the obligation to liquidate wages, separate from whether it is liable under the civil law.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 24

2. Defendant B entered into an employment contract (labor supply contract) with the Plaintiffs. Accordingly, according to Article 44-2 of the Labor Standards Act, Defendant Company is obligated to pay wages to workers employed by the subcontractor, if the subcontractor, who is not the constructor under Article 2-7 of the Framework Act on the Construction Industry, fails to pay wages to his/her employees, in cases where the business was conducted two or more times in the construction business and the subcontractor under Article 2-11 of the Framework Act on the Construction Industry, the subcontractor and the subcontractor are jointly and severally liable.