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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. On February 2018, the Administrator of the Busan Regional Employment and Labor Agency issued to the Plaintiff and the Appointors a written confirmation of overdue wage, etc. to the effect that “The Plaintiff, who had been his/her own employee, was in arrears with wage of KRW 1,050,000, wage of KRW 4,125,000, wage of KRW 4,900,000 to the Selection E, and the actual representative of the constructor is the Defendant.”
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. The assertion and judgment
A. According to Gap evidence Nos. 2 through 7 of the judgment as to the cause of the claim, and the evidence revealed earlier, the defendant awarded a subcontract for the part of the construction completion project to Eul who is not a registered constructor, and the plaintiff and the designated parties provided labor at the construction site after being employed by C from October to November 2017, and Eul did not pay wages of KRW 1,050,00 to the plaintiff who had his/her own worker, KRW 4,90,000 to the designated parties E, and KRW 4,90,000 to the designated parties. The defendant is obligated to pay the plaintiff and the designated parties the unpaid wages and damages for delay calculated at the rate of 20% per annum as provided by the Labor Standards Act from November 29, 2017 to the full payment date.
B. The defendant's assertion and judgment are as follows: C paid KRW 7,500,000 to C as wages; C claimed that the amount received from the defendant was paid as wages to the plaintiff and the selector; however, the evidence of Nos. 2, 6, 8, and 9 alone is insufficient to recognize the defendant's assertion, and there is no other evidence to acknowledge it.
Therefore, the defendant's above assertion is without merit.
3. Thus, the claims of the plaintiff and the designated parties should be accepted on the ground of the reasons.
The judgment of the court of first instance is just in conclusion, and the defendant's appeal is justified.