Text
1. The Defendants are jointly and severally liable to the Plaintiff (Appointed Party) and the Appointed Party in the annexed name column.
Reasons
1. Around September 21, 2015, Defendant H&A Co., Ltd. (hereinafter “Defendant Co., Ltd”) contracted E&C construction from E&S Co., Ltd., the primary business entity, and subcontracted C construction to D, etc. on October 3, 2015, and D subcontracted C construction on October 13, 2015.
The plaintiff (Appointed Party) and the designated parties (hereinafter referred to as the "Plaintiffs") provided labor under the employment of the defendant B at the above construction site, and they did not receive part of the wages. The period of service of the plaintiffs and the amount of wages not paid are as shown in the claim amount list by the designated parties.
[Reasons for Recognition] Facts without dispute between the parties, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. The parties' assertion
A. The plaintiffs asserted that they were employed by the defendant B and provided labor. Since the above defendant did not pay wages, the defendant company is jointly and severally liable with the defendant B to pay the plaintiffs wages equivalent to each claim amount stated in the claim amount table in the separate sheet by the designated parties.
B. The Defendant Company’s assertion that the Defendant Company paid the full amount of the construction cost to D who is the contractor.
3. Determination
A. Judgment based on the assertion of confession as to Defendant B (Articles 208(3)2 and 150(3) of the Civil Procedure Act)
B. According to Article 44-2(1) of the Labor Standards Act, where a construction business is conducted on two or more occasions by a contract under Article 2 subparag. 11 of the Framework Act on the Construction Industry ( regardless of titles such as a prime contract, subcontract, consignment, etc., and the other party agrees to complete construction works, and the other party agrees to pay compensation for the result of construction works), construction business is conducted by making registration, etc. under Article 2 subparag. 7 of the Framework Act on the Construction Industry or under other Acts.