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1. The defendants are jointly and severally liable to the plaintiffs (appointed parties) and the designated parties in the separate sheet column (A).
Reasons
1. Basic facts
A. Defendant C Co., Ltd., a constructor under Article 2 subparag. 7 of the Framework Act on the Construction Industry (hereinafter “Defendant Co., Ltd”) was awarded a contract with D Co., Ltd. for the new construction of the building in E (hereinafter “instant construction”).
B. Meanwhile, on October 20, 2018, Defendant B, as its representative, registered the business in the name of G with the name of G and operated the construction business, etc., Defendant B accepted a subcontract for pelvis construction works from the Defendant Company during the instant construction project, and drafted the standard subcontract agreement with the Defendant Company as G representative F.
(hereinafter referred to as “instant subcontract”). C.
On April 7, 2020, the head of the Gwangju Regional Labor Agency issued a "written confirmation of the business owner (Evidence 1)" to the Plaintiff (Appointed Party) and the Selected, stating that "Defendant B delayed payment of each wage listed in the separate sheet (A) column for the respective period of work indicated in the separate sheet for the period of work indicated in the attached list (A) to the Plaintiff (Appointed Party) and the Appointed, and that legitimate direct constructor (corporation) is the Defendant Company."
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including additional number), the purport of the whole pleadings
2. The assertion and judgment
A. Where a construction business provides two or more contracts for the cause of claim and a subcontractor fails to pay wages to workers employed by the subcontractor who is not the constructor, the immediate upper tier contractor is liable to pay wages to workers employed by the subcontractor jointly and severally with the subcontractor regardless of whether it is attributable to himself or it is paid to the subcontractor (Article 44-2(1) of the Labor Standards Act). In addition to the fact that there is no evidence to deem Defendant B as the constructor in the above recognition, the Defendant Company is a direct contractor under the Labor Standards Act of the Plaintiff (Appointed) and Defendant B who employs the designated parties.