1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Basic facts

A. On January 10, 201, the Defendant, engaging in the manufacturing and selling business of general machinery, rubber products, metal products, and main products, contracted the manufacturing part of Daegu subway 3 lines E to D Co., Ltd. (hereinafter “D”).

B. On October 1, 2011, the Plaintiffs prepared an employment contract with the Defendant as a daily wage system, and worked at the above E-production construction site. If the head of D’s labor team F prepares a departure report to the Plaintiffs, the Defendant paid the Plaintiffs wages in accordance with the descriptions of the said departure report.

C. The Defendant’s former representative G did not pay the Plaintiff A, who retired on July 4, 2012, the weekly holiday allowance of KRW 3,941,028, to the Plaintiff B, who retired on December 26, 2012, within 14 days from the date of his/her retirement without agreement on the extension of the due date.

‘The Court was sentenced to a fine of one million won due to the crime committed in violation of the Labor Standards Act (Seoul District Court Decision 2013Ma773 decided January 17, 2014), and the above judgment was finalized on April 7, 2014.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 5, 7 evidence, Eul evidence 1 to 3 (including provisional number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the defendant is obligated to pay damages for delay calculated at the rate of 20% per annum from January 10, 2013 to the date of complete payment, as the defendant was in the position of employer in relation to the plaintiffs. Thus, from July 19, 2012, the day following the 14th day after the above retirement date, and from July 19, 2012, the day after the 14th day after the above retirement date, and from January 10, 2013 to the day after the above retirement date, the amount of damages for delay calculated at the rate of 30% per annum as stipulated in the Labor Standards Act.

B. As to the judgment on the defendant's assertion, the defendant prepared a written employment contract with the plaintiffs, and D, not the defendant, but the subcontractor.