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1. The Defendants are jointly and severally liable to the Plaintiff (designated parties) and the designated parties in the column of the claim amount sheet in the attached Form.
Reasons
1. The facts of recognition - The defendant non-business owner non-business owner (hereinafter referred to as the "defendant company") contracted the "E Corporation" within the business place of the non-business owner D located in Ulsan-gun, Ulsan-gun, and further subcontracted some of the construction work to the defendant B.
- The Plaintiff’s designated parties and the designated parties (hereinafter “Plaintiffs, etc.”) were employed by Defendant B and worked in the same manner as indicated in the service period column of the claim amount sheet in the attached Form No. 1 on the site of construction subcontracted by Defendant B from Defendant Company, and were not paid KRW 60,580,000 in total as indicated in the claim amount column of the attached
[Ground of recognition] Unsatisfy, Gap evidence 1-1-12, and all purports of oral argument
2. The assertion and judgment
A. According to the facts of the above recognition of the claim against the defendant B, the above defendant is obligated to pay each amount recorded in the claim column for the overdue wages in the attached Form No. 1, and damages for delay as to each of the above amounts to the plaintiff, etc. who provided labor as a party who entered into a labor contract with the plaintiff, etc
B. According to Article 44-2 of the Labor Standards Act as to the defendant company, where a construction business has been contracted two or more times, and a subcontractor who is not a constructor fails to pay wages to workers employed by the subcontractor, the immediately upper contractor is jointly and severally liable to pay wages to workers employed by the subcontractor. In this case, according to the above facts and the aforementioned evidence, the defendant company falls under a legitimate directly upper contractor under the Labor Standards Act, and is jointly and severally liable with the plaintiff, etc., to pay the amount of money indicated in the claim list of overdue wages and damages for delay as to each of the above amounts.
In this regard, the defendant company argued to the effect that the wage to be paid to the plaintiff was not attributable to the defendant company, but the Labor Standards Act.