1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

1. Basic facts

A. On October 29, 2015, the Defendant entered into a subcontract with K for the construction of reinforced concrete among the above construction works for multi-household housing (hereinafter “instant construction”) among the construction works for multi-household housing (hereinafter “instant construction”), with the period from November 3, 2015 to December 30, 2015, with a view to performing construction under the contract for new construction works for multi-household housing on the ground of J-gu Seoul Special Metropolitan City, Jinwon-si, Seoul Special Metropolitan City.

B. The Plaintiff (Appointed) and the designated parties were employed by K to December 31, 2015, respectively, from December 1, 2015 to December 31, 2015, and from January 3, 2016 to January 27, 2016 (However, the selected parties provided labor only from December 1, 2015 to December 31, 2015). However, the Plaintiff (Appointeds) provided labor for the period from December 1, 2015 to December 31, 200, the designated parties provided labor for the period from December 1, 2015 to December 31, 205, the amount of KRW 4,650,00 for the designated parties B, and KRW 1,615,00 for the selected parties and KRW 4,940,00 for the designated parties, KRW 300,000 for the designated parties and KRW 300,504,06,000 for the designated parties.

C. The Defendant did not receive the construction cost from New York Co., Ltd., and accordingly, the subcontractor K did not pay the construction cost for the instant construction work.

In addition, K did not pay wages to the plaintiff (appointed party) and the appointed party on the ground that it did not receive the construction cost from the defendant.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1, Eul evidence 1 and 2 (including branch numbers), the purport of the whole pleadings

2. Article 44(1) of the Labor Standards Act provides that where a subcontractor fails to pay wages to workers due to a cause attributable to the immediate upper tier contractor, where a project is conducted based on several contracts, the immediate upper tier contractor shall be jointly and severally liable with the subcontractor;

Provided, That where a cause attributable to an immediate upper tier contractor occurs due to the cause attributable to the upper tier contractor, the upper level thereof.