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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff’s assertion B was subcontracted by the Defendant even though he is not the constructor.
Upon contact with B, the Plaintiff arranged workers at the Defendant’s construction site from March 1, 2015 to May 12, 2015, and B hired workers arranged by the Plaintiff and put them into the Defendant’s construction site.
The Plaintiff was allowed by the Plaintiff to exercise the right to wages after the Plaintiff first pays to the workers the amount of money calculated by deducting the commission to be paid to the Plaintiff from the wages to be paid by the said workers to the workers.
However, if the plaintiff delivered the above money to B, B would pay the above money directly to the workers and return the money equivalent to 10% of the wages and wages paid to the workers to the plaintiff.
Accordingly, the Plaintiff delivered the said money to B, and the Plaintiff paid wages to workers in subrogation of the Defendant or the Defendant’s subcontractor.
Article 44-2 of the Labor Standards Act (Joint Liability for Payment of Wages in Construction Business) (1) Where a subcontractor who is not a constructor defined in subparagraph 7 of Article 2 of the Framework Act on the Construction Industry (hereinafter referred to as "construction contract") has made a contract under subparagraph 11 of Article 2 of the same Act at least two times in cases where the said subcontractor has failed to pay wages (limited to wages arising from the relevant construction works) to his/her employees, in total, KRW 152,069,621, and the amount the Plaintiff received and refunded to the Plaintiff is KRW 49,350,000, such as wages and fees, and the Defendant shall be jointly and severally liable for the payment of wages to his/her workers employed by the subcontractor.
(2) Where an immediate upper-tier contractor under paragraph (1) is not a constructor under subparagraph 7 of Article 2 of the Framework Act on the Construction Industry, he/she shall be the upper-tier contractor.