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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
1. Basic facts
A. Defendant C Co., Ltd. (hereinafter “Defendant C”) contracted the “E New Construction Work” from D Co., Ltd. (hereinafter “D”) (hereinafter “Defendant C”) to the Defendant B, a constructor who was not registered, subcontracted the part of the instant construction work to Defendant B on October 2, 2017.
B. Defendant B employed the Plaintiff at KRW 200,000 per day for the aforementioned worship work.
The Plaintiff provided labor at the construction site of this case for six days in total, including March 4, 2018, 5, 7, 8, 9, and 13.
[Ground of recognition] Evidence No. 1, Eul-B evidence No. 1, Eul-A evidence No. 4, and the purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, Defendant B is an employer who employs the Plaintiff, and Defendant C is jointly and severally liable to pay the Plaintiff 1.2 million won (=200,000 won x 6 days) to the Plaintiff as a direct contractor of the Defendant B, who is an unregistered constructor pursuant to Article 44-2(1) of the Labor Standards Act, and damages for delay calculated at the rate of 20% per annum as stipulated in the Labor Standards Act from April 15, 2018 to the date of full payment, as sought by the Plaintiff.
3. As to Defendant C’s assertion
A. The summary of the assertion 1) Defendant C cannot be acknowledged that the Plaintiff provided labor at the construction site of this case. Defendant C paid all the construction cost under the said subcontract, including the wages of the workers requested by Defendant B to Defendant C. The Plaintiff was not indicated in the payment record of labor cost submitted by Defendant B to Defendant C, and the details of the report on wages reported by Defendant C to the Korea Labor Welfare Corporation are not indicated in the Plaintiff’s work fact. The Plaintiff claims false wages against Defendant C in collusion with Defendant B. (2) Even if the Plaintiff provided labor at the construction site of this case, Defendant C intended for the instant construction work.