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1. The Defendants are jointly and severally liable to Plaintiff A and B for each of KRW 9,576,00, KRW 7,956,000 for Plaintiff C, and KRW 7,259,00 for Plaintiff D.
Reasons
1. Facts of recognition;
A. Defendant G Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a company aimed at building construction business, engineering work business, etc., and Defendant F is a person who engages in construction work business, etc. without registering construction business.
B. On December 7, 2015, the Defendant Company entered into a contract with H to the construction cost of KRW 1.566 billion (in addition to value-added tax; hereinafter the same shall apply) and the construction period from December 7, 2015 to June 30, 2016, for the construction cost of the new site multi-household construction project, including Gyeongjin-gun, Ulsan-gun, Seoul Special Metropolitan City.
C. On January 7, 2016, the Defendant Company entered into a contract with J to enter into between the construction cost of KRW 1 billion and the construction period from January 7, 2016 to August 30, 2016, for the construction cost of the instant construction project, including the construction cost of paragraphs (b) and (c).
On December 10, 2015, Defendant Company subcontracted the instant construction project to the U.S. Corporation (hereinafter “U.S.”) with the contract price of KRW 712 billion and the construction period from December 10, 2015 to June 30, 2016.
E. On January 10, 2016, Defendant Company awarded a subcontract for the remainder of the instant construction works except for the subcontract as described in the foregoing paragraph among the instant construction works to the U.S., with the contract price of KRW 712 million and the construction period from January 10, 2016 to August 30, 2016.
F. Until August 1, 2016, the unre-subcontracted part of the subcontracted construction to Defendant F. Defendant F employed and used the Plaintiffs for executing the said re-subcontract construction. The Plaintiffs worked on the instant construction site by August 1, 2016.
G. Defendant F did not pay each wage of KRW 9,576,00 to Plaintiff A and B, KRW 7,956,000 to Plaintiff C, KRW 7,259,00 to Plaintiff D, and KRW 7,380,00 to Plaintiff E.
H. Meanwhile, on June 17, 2016, the U.S. company renounced the subcontracted construction work from the Defendant company and drafted a construction contract with the Corporation, and the Defendant Company has settled the amount under the Section A of the U.S. company.