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1. The Defendants are jointly and severally and severally liable to the Plaintiff A for KRW 6,210,00 and the Plaintiff’s KRW 3,60,000 from January 14, 2018 to the Plaintiff and KRW 3,60,000.
Reasons
1. According to the statements in Gap 1 and 2, the facts of the reasons for the attachment can be acknowledged.
Therefore, the defendants are jointly and severally liable to pay the money stated in the Disposition 1.
2. Defendant M&A asserts to the effect that it cannot accept the Plaintiffs’ claims since it has already paid all wages to Defendant L, a subcontractor.
Article 44-2 (1) of the Labor Standards Act and Article 44-2 (1) of the same Act shall apply to a person who engages in construction business after registration, etc. pursuant to the relevant Acts and subordinate statutes where a contract under subparagraph 11 of Article 2 of the Framework Act on the Construction Industry has been made two or more times in construction business.
(ii) wages (limited to wages arising from the construction works in question) for workers employed by the subcontractor who is not the constructor.
) In the event of failure to pay, the immediate upper tier contractor shall be jointly and severally liable to pay wages to workers employed by the subcontractor.
However, according to the statement in Gap 2, since the defendant L is recognized to be an individual constructor who is not a constructor under Article 2 subparagraph 7 of the Framework Act on the Construction Industry, even if the defendant M has already paid wages to the defendant L, it cannot avoid the joint and several liability of the immediate upper contractor.
The above defendant's assertion is without merit.
3. In conclusion, the plaintiffs' claim of this case is justified and it is so decided as per Disposition.