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1. The defendants are jointly and severally liable to the plaintiffs (appointed parties) and the appointed parties for the amount of arrears in attached Form 1.
Reasons
1. Basic facts
A. Defendant C Co., Ltd. (hereinafter “Defendant C”) refers to “D below that received a contract from Hyundai Heavy Industries Co., Ltd. for the construction of a new plant in the Nam-gu, Ulsan-gu, Ulsan-do, Annsan-do, for “Novelis Mtill Standand (hereinafter “instant construction”).
was subcontracted by the Corporation.
Defendant C is again Defendant B Co., Ltd. (hereinafter referred to as Defendant B).
b) The Plaintiff (Appointed Party A) and the Appointed Party A (hereinafter referred to as the Plaintiff’s Appointed Party A and the Appointed Party A are referred to as the “Plaintiffs”).
(c) Defendant B did not pay to the Plaintiffs KRW 50% of the wages paid on January 2013, and KRW 107,259,400 of the wages paid on February 2013, as in the table of amount of unpaid collection by the designated parties, as well as KRW 107,259,40 of the wages paid on the part of February 2013. [In the absence of any dispute over recognition, matters described in subparagraphs A, 1, 7, and 2, and the purport of the entire pleadings.]
2. The parties' assertion
A. Defendant B’s assertion is obligated to pay wages for January and February 2013, which were not paid to the Plaintiffs. Defendant C, as Defendant B’s direct contractor for the instant construction project, did not pay the contract amount on the date of payment of the contract amount set forth in the contract without justifiable grounds. As such, Article 44 of the Labor Standards Act and Article 44 of the Enforcement Decree of the Labor Standards Act, Article 24 of the same Act (payment of wages for the contracted project) ① Where a project is carried out on several occasions of subcontracting, if the subcontractor fails to pay wages to workers due to a cause attributable to the immediate upper contractor, the immediate upper contractor shall be jointly and severally liable with the subcontractor.
Provided, That where any cause attributable to an immediate upper tier contractor occurs due to the upper tier contractor's cause, the upper tier contractor shall also be jointly and severally liable.
(2) Grounds for paragraph (1).