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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The plaintiff running a restaurant business, "C," which is a judgment on the cause of the claim, provides meals to the defendant's employees, and entered into a contract with the plaintiff's employees to receive meal costs of 5,00 won per person per meal, 3,000 won per person per meal, and 13,000 won per man per meal, and the fact that the plaintiff provided meals, etc. of 50,653,000 won to the employees belonging to the defendant from April 7, 2018 to July 30, 2018 does not conflict between the parties, or that the plaintiff provided meals, etc. of 50,653,00 won in total to the employees belonging to the defendant, may be acknowledged by taking into account the whole purport of arguments as stated in the evidence Nos. 1, 4, 6, and 7, and the plaintiff received a meal cost of 28,000,000 won among the above meal costs.
Therefore, the Defendant is obligated to pay to the Plaintiff the remainder meal costs of KRW 22,653,00 (=50,653,000 - 28,000,000) and damages for delay calculated by the rate of 15% per annum under the Commercial Act from August 1, 2018 to February 22, 2019, the delivery date of a copy of the instant complaint, which is the date of the Plaintiff’s final supply of meals, from August 1, 2018 to February 22, 2019.
2. Judgment on the defendant's assertion
A. As to the claim related to Articles 44(1) and 44-2(1) of the Labor Standards Act, the Defendant asserts that, although the Defendant was awarded a contract for construction work with D and did not receive the full payment of the construction cost from D, the Plaintiff should claim the payment to D, which is the Defendant’s direct contractor, in accordance with Articles 44(1) and 44-2(1) of the Labor Standards Act.
However, the Plaintiff sought reimbursement of meal costs on the ground that the Defendant entered into a meal supply contract with the Defendant and provided meals accordingly. Articles 44(1) and 44-2(1) of the Labor Standards Act concerning cases where the subcontractor did not pay wages to workers employed by the subcontractor.