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1. The defendant shall enter the plaintiff (appointed party) and the remaining designated parties in the claim form for the attached list of the designated parties.
Reasons
1. Facts of recognition;
A. On August 30, 2013, Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd”) subcontracted the construction of Ulsan-gu C Apartment to D, a non-registered constructor who did not obtain a construction business license.
B. D from October 2013 to December 2013, 2013, employed Plaintiff (Appointed Party and Plaintiff) and the remaining designated parties (hereinafter the Plaintiff and the remaining designated parties (hereinafter referred to as “Plaintiff et al.”), and had the Plaintiff et al. carry out the above US construction, and did not pay the Plaintiff et al. wages corresponding to each amount indicated in the claim amount column for the list of designated parties.
C. On October 15, 2015, D and E, the representative director of the Defendant Company, were convicted of violating the Labor Standards Act (Ulsan District Court Decision 2015Da1867), and the said judgment became final and conclusive.
[Reasons for Recognition] Unsatisfy, Gap 1, 2, Eul 1-3 evidence, the purport of the whole pleadings
2. Determination
(a) Where a construction business is conducted on two or more occasions and a subcontractor who is not a constructor under subparagraph 7 of Article 2 of the Framework Act on the Construction Industry fails to pay wages (limited to wages generated from the relevant construction works) to workers he/she employs, if the business has been made a contract under subparagraph 11 of Article 2 of the same Act, the immediate upper tier contractor shall be jointly and severally liable to pay wages to
(Article 44-2). (b)
Since D, a subcontractor who is not a registered constructor, failed to pay wages to the plaintiff et al., the defendant company, a direct contractor, is jointly and severally liable to pay wages to the plaintiff et al.
Therefore, the defendant company is calculated at the rate of 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from December 22, 2015 to the day of full payment, after serving a written application for modification of the purport of the claim as of December 17, 2015 with respect to each of the above and each of the above amounts on the plaintiff et al.