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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3. The description of parties to the judgment of the first instance.
Reasons
1. The Plaintiffs entered into an employment contract with the Defendant, a personal construction business operator, and provided labor for the assembly of the steel bars at the site of a new construction project in Gunsan-si from October 1, 201 to November 3, 2011. However, the Defendant did not pay to the Plaintiffs the wages of KRW 1.690,000,000 for each of the wages in arrears stated in the aggregate of the wages in arrears in the attached Form to the Plaintiffs, without any agreement on the extension of the payment date under Article 36
Meanwhile, on November 19, 2012, the Defendant was issued a summary order of KRW 5,00,000,000, including the Plaintiffs’ wages employed from October 25, 201 to November 13, 2011 at the construction site of the Sinsan City, as an employer who runs a construction business with three full-time employees who work for an individual constructor who has been residing in the Sinsan-si J 304 in the Sinsan-si, Ansan-si; and the Defendant was issued a summary order of KRW 14,00,00,000, including the Plaintiffs’ wages employed from October 25, 201 at the construction site of the Sinsan-si, for a total of 14,00,000, respectively, without any agreement on the extension of the due date for payment between the parties.”
[Grounds for recognition] The items of evidence Nos. 1 and 2, and the purport of the whole pleadings
2. Determination 1) According to the above facts of recognition as to the cause of claim, barring any special circumstance, the defendant is obligated to pay to the plaintiffs each 1.69 million won, i.e., the aggregate amount of overdue wages in arrears in attached Form 1, and damages for delay calculated at the rate of 20% per annum as stipulated in the Labor Standards Act, from November 18, 201 to the date of full payment, 14 days after the date when the plaintiffs completed the provision of labor and the cause for payment occurred. 2) As to the defendant's assertion, the defendant asserts that the defendant merely entered into an employment contract with Esia Construction Co., Ltd., and did not have a labor contract with the defendant, and therefore, he cannot claim wages
The entry of No. 1-3 shall be made with scamba, B.