2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The judgment of the court of first instance.

A. After the Defendant’s assertion was awarded a contract for the construction of a new community living facility on the ground of 207 ground in his/her school, the court of first instance awarded a contract for the construction of a ductal construction, a joint defendant corporation in the judgment of the court of first instance (hereinafter “forest construction”) for the construction of a ductal construction, a ductal construction, a ground-breaking, a site-breaking, a neighboring construction, a facility installation, an electricity, and a telecommunications construction during the said construction

From October 1, 2015 to December 24, 2015, the Plaintiff provided labor on the instant construction site as workers belonging to Suwon Construction. The Defendant, who is in the position of contractor in the position of Suwon Construction, did not pay KRW 17,00,000 to Suwon Construction without justifiable grounds, and the Plaintiff was unable to receive KRW 7,230,000 out of the wages for the said working period from Suwon Construction. As such, the Defendant is jointly and severally liable to pay the Plaintiff the unpaid wages of KRW 7,230,00,00 and delay damages therefrom, pursuant to Article 44(1) of the Labor Standards Act.

B. According to the overall purport of the statements and arguments in Gap evidence Nos. 2 through 4 and 7 through 9, it can be known that construction in a forest entered into a contract for the instant construction directly with the owner of the said new construction project. In light of the above circumstances, it is insufficient to recognize that the defendant ordered construction in a forest to subcontract the instant construction in a forest with the owner of the said new construction project, and there is no other evidence to acknowledge this differently.

The Defendant subcontracted the instant construction to the Forest Construction Corporation.

However, in order to recognize the direct subcontractor's liability to pay wages to workers under Article 44 (1) of the Labor Standards Act, it is necessary that the subcontractor has failed to pay wages to workers due to the reasons attributable to the immediate upper contractor, and it can be seen that the detailed details of the instant construction project, which is being implemented in forests, and the nature and origin of the instant construction project.