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1. The defendant shall notify the plaintiffs of the amount corresponding to the amount of claim stated in the attached sheet of claim amount and each of them.
Reasons
1. Basic facts
A. On June 1, 2018, the Defendant awarded a contract for the CM construction site, and subcontracted the CM construction project to N on June 1, 2018. However, the construction cost was KRW 41,290,000, and the construction period was determined from June 1, 2018 to July 20, 2018.
B. In addition, the Defendant awarded a contract for the structural construction work at the O construction site at Yangju-si, and subcontracted the structural construction work to N on June 1, 2018. However, the construction cost was KRW 42,400,000, and the construction period was determined from June 1, 2018 to July 20, 2018.
C. The Plaintiffs are employed by N from June 2018 to August 2018, and work at the MM construction site and O construction site at the above two weeks, and the “claim amount” stated in the attached claim amount table by N was not paid the corresponding amount indicated by the Plaintiff.
[Grounds for recognition] Evidence Nos. 1, 1, 2, and 1, 2, and the purport of the whole pleadings
2. Determination on the cause of the claim
A. First, the plaintiffs claimed that they were working in the defendant company but did not receive the wages and sought the payment of unpaid wages. However, it is insufficient to recognize the fact that the plaintiffs were directly employed by the defendant company only by the statement of evidence No. 1, and there is no other evidence to acknowledge it. Thus, this part of the allegation is not acceptable.
B. Next, the plaintiffs claim that the defendant company is jointly and severally liable to pay unpaid wages with the N that employs the plaintiffs under Articles 44 and 44-2 of the Labor Standards Act.
However, according to Article 44-2 of the Labor Standards Act, if 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 arising from the construction works in question) to his/her employees when the construction project has been conducted two or more times in the construction industry, and the contract is made under subparagraph 11 of Article 2 of the same Act, the immediate upper contractor shall be the subcontractor.