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1. Defendant A Co., Ltd.: 17,340,000 won and 5% per annum from March 12, 2016 to July 20, 2017 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On October 2014, Defendant A Co., Ltd. (hereinafter “Defendant Company”) concluded a contract for the additional construction work (hereinafter “instant construction work”). On November 5, 2014, Defendant B, who was appointed as a person in charge of safety in the instant construction site, entered into a human resources supply contract with the Plaintiff that was a juristic person operating the human resources supply service business, and received the human resources supply contract from December 2014 to February 2015.
B. From December 2014 to February 2015, the Plaintiff’s total amount of KRW 44,364,000 for human resources invested in the construction site of this case is KRW 27,00,000, and the unpaid amount is KRW 17,364,00.
C. During the instant lawsuit, the Plaintiff acquired the wage claim against the Defendant Company from the employees who did not receive wages during the construction site of this case, and the said transfer certificate was served on the Defendant Company on June 15, 2017.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 7, Eul evidence 1 to 4, the purport of the whole pleadings
2. Determination
A. Article 44-2(1) of the Labor Standards Act provides that “Where a construction business has been conducted on two or more occasions and a subcontractor who is not a constructor under Article 2(11) of the Framework Act on the Construction Industry fails to pay wages to his/her employees, in cases where a subcontractor fails to pay wages to his/her employees, an immediate upper tier contractor shall be jointly and severally liable with the subcontractor to pay wages to his/her employees.”
According to the above legal principles and facts acknowledged earlier, the Defendant Company’s wages payable to the Plaintiff who acquired the Defendant Company’s wage claims against the employees who provided labor and did not receive wages jointly with the Plaintiff-registered contractors D at the instant construction site.