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(영문) 의정부지방법원 2016.08.26 2016나50253
약정금
Text

1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.

2. Costs of appeal and ancillary costs;

Reasons

1. The reasons for the court's explanation concerning this case are as follows: the plaintiff's assertion and judgment "B" in Section 7 of Section 3 of the judgment of the court of first instance; the plaintiff's conjunctive claim added at the court below No. 5, No. 20 of the judgment of the court of first instance is as stated in the part of the judgment of the court of first instance; thus, it is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Judgment on the plaintiff's conjunctive claim

A. The plaintiff asserts that the J has been awarded a contract for the unclaimed and waterproof construction from the defendants, and that the father, a worker of J, performed the construction, the defendants also have the duty to pay wages directly to the subcontractor's workers under Articles 44, 44-2, and 44-3 of the Labor Standards Act. Since the plaintiff paid wages of KRW 20 million to the worker of J on behalf of the plaintiff, the defendants are obligated to pay the plaintiff with the indemnity amount of KRW 20 million on behalf of the plaintiff.

B. 1) First, we examine whether the Defendants, a contractor, are liable to pay wages to the subcontractor’s workers under Article 44 of the Labor Standards Act. Article 44 of the Labor Standards Act provides that, in cases where a subcontractor fails to pay wages to workers due to a cause attributable to an immediately upper contractor, a immediately upper contractor shall be jointly and severally liable with the subcontractor. Article 24 of the Enforcement Decree of the Labor Standards Act provides that, in cases where the amount of the contract is not paid by the payment date specified in the contract without justifiable grounds for the scope of causes attributable to an immediately upper contractor (Article 1) and where the subcontractor delays in supplying raw materials or fails to supply them without justifiable grounds (Article 2(1)).

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