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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Basic facts
A. The defendant is a company that conducts remodeling business of a building.
B has completed business registration under the name of "D" and has been engaged in construction business, etc., but did not register construction business under the Framework Act on the Construction Industry, etc.
B. On June 21, 2016, the Defendant entered into a contract with the Korea Railroad Corporation to enter into a direct payment of the cost of materials and labor (Article 278,00,000 won (hereinafter “instant subcontract”) with B on June 22, 2016, and the Defendant entered into a contract with B to pay the cost of materials and labor (Article 278,00,000 won).
(C) A. B had the instant construction work from around that time to September 2016.
C. The Defendant directly paid the Plaintiff the wage for July 2016 pursuant to the instant subcontract, but did not pay KRW 4,634,390 on August 2016.
(C) / [In the absence of dispute] The fact that there is no dispute, Gap evidence 1, Eul evidence 1, Eul evidence 3-1, 2, 4, and 6-2, and the purport of the whole pleadings.
2. Occurrence of liability to pay wages;
A. According to Article 44-2(1) of the Labor Standards Act, in cases where a construction business is contracted on two or more occasions under Article 2(11) of the Framework Act on the Construction Industry and a subcontractor who is not a constructor under subparagraph 7 of Article 2 of the same Act fails to pay wages to his/her employees, the immediate upper contractor shall be jointly and severally liable with the subcontractor to pay wages to his/her employees.
According to the Framework Act on the Construction Industry, the term "contractor" means a person who engages in construction business upon registration, etc. under the Framework Act on the Construction Industry or under other Acts (Article 2 subparagraph 7), and the term "contract" means a person who agrees to complete construction works regardless of the name, such as a prime contract, subcontract, entrustment, etc., and the other party agrees to pay a consideration for