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(영문) 서울중앙지방법원 2017.11.07 2016가단5276323
구상금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On October 16, 2015, the Plaintiff was a corporation that obtained a comprehensive construction license, and the Defendant, who did not obtain a construction license on October 16, 2015, entered into a contract with the Defendant setting the interior finishing work of the 2nd apartment house construction project located outside Guro-gu Seoul Metropolitan Government (hereinafter “instant construction project”) as KRW 189,00,000 (excluding value-added tax) at the cost of construction, and the Defendant re-subcontracted the instant construction project to C.

B. C is unable to pay wages to workers D, etc. who performed the instant construction work, and the Seoul Central Labor Agency of the Seoul Central Labor Agency (Seoul) is jointly and severally liable to pay 49,675,00 won in total to 16 workers D, etc. employed by C (the subcontractor who is not a constructor under Article 2 subparagraph 7 of the Framework Act on the Construction Industry). The immediate contractor is jointly and severally liable for such payment. Article 44-2 of the Labor Standards Act (Joint and Several Liability for Payment of Wages in Construction Business) of the Labor Standards Act. (1) If a subcontractor who is not a constructor under Article 2 subparagraph 7 of the Framework Act on the Construction Industry fails to pay wages (limited to wages arising from the relevant construction work) to workers employed by the subcontractor and the subcontractor, the immediate contractor is jointly and severally liable to pay wages to the Plaintiff under Article 2 subparagraph 4 of the Labor Standards Act, considering that the subcontractor and the subcontractor are not a contractor under Article 2 subparagraph 7 of the Framework Act on the Construction Industry and that the Plaintiff is jointly and severally liable under Article 24 of the Labor Standards Act.

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