Of the judgment of the first instance, the part between the Appointor D, E, F, G and the defendant B and the part against the defendant C Co., Ltd. shall be respectively.

1. Determination as to each claim of the Plaintiff, Appointor H, and I

A. As to the claim against Defendant C Co., Ltd. (hereinafter “Defendant C Co., Ltd.”), the Defendant C Co., Ltd. (hereinafter “Defendant C Co., Ltd”) was awarded a subcontract for the “LL child care center located in Y during the construction work.” Defendant B received from the Defendant Co., Ltd. a sub-subcontract for the instant construction work of reinforced concrete (hereinafter “instant construction”). The Plaintiff, Appointed, and H, as employed by the Defendant Co., Ltd, provided labor for the instant construction from November 1, 2018 to November 30, 2018. Nevertheless, Defendant B, as wages for the instant construction, did not pay KRW 1,852,715 won to the Plaintiff, KRW 1,676,315 won to the Appointed, and KRW 1,411,640 to the Appointed Co., Ltd., Ltd., and Defendant B did not have any dispute between the parties, as well as evidence Nos. 1 through No. 31 or evidence No. 30.

According to the above facts, Defendant B is obligated to pay each of the above unpaid wages and damages for delay calculated at the rate of 20% per annum from December 15, 2018 to the date of full payment, which is the day following the expiration of 14 days from the date of the above final labor provision, to the day of full payment.

B. The Plaintiff asserts that the Defendant Company constitutes an immediate upper tier contractor under Article 44-2(1) of the Labor Standards Act, and that the Plaintiff and the aforementioned designated parties are also obligated to pay the wages jointly with the Defendant Company as long as they were not paid wages from the Defendant B.

Where a business has been subcontracted under subparagraph 11 of Article 2 of the Framework Act on the Construction Industry on two or more occasions in a construction business, if a subcontractor who is not a constructor under subparagraph 7 of Article 2 of the same Act fails to pay wages to his/her workers, the immediate upper tier contractor shall be the contractor.