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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. Basic facts
A. A. Around 2016, the Defendant subcontracted, to B, a non-registered constructor, a member-gu E-Attachment Corporation, Ansan-si.
B. From April 7, 2016 to August 22, 2016, the Plaintiff provided labor at the above construction site from June 24, 2016 to August 22, 2016; the Selection C from June 24, 2016 to August 8, 2016; the Selection D provided labor at the above construction site from May 16, 2016 to August 2, 2016, but did not receive wages from B; and the amount of unpaid wages is KRW 1,631,270, respectively.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 5 (in the case of vegetable evidence, each number is included), the purport of the whole pleadings
2. Article 44-2(1) of the Labor Standards Act provides that “Where a construction business has been conducted on two or more occasions and a subcontractor who is not a constructor under Article 2(11) of the Framework Act on the Construction Industry fails to pay wages to workers he/she employs, an immediate upper tier contractor shall be jointly and severally liable with a subcontractor to pay wages to workers employed by the subcontractor.”
According to the facts found earlier, B was subcontracted for the portion of the painting construction work from the Defendant and provided labor to the Plaintiff and the designated parties during the same period as indicated in the above basic facts. As such, the Defendant is jointly and severally liable with the immediately upper contractor to pay the Plaintiff 1,631,270 won, and the amount of 1,631,270 won from September 6, 2016, after 14 days from the date on which the ground for the payment occurred, and 1,631,270 won to the designated parties C, and the amount of 14 days after the date on which the ground for payment occurred, from August 23, 2016, after 14 days from the date on which the ground for payment occurred to D, and the amount of 1,631,270 won from August 17, 2016 to the date on which the ground for payment occurred.
3. Conclusion, the plaintiff's objection.