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(영문) 서울남부지방법원 2019.04.05 2018나54000
임금
Text

1. All appeals by the defendant against the plaintiffs are dismissed.

2. The costs of appeal shall be borne by the Defendant.

purport, purport, and.

Reasons

1. Facts of recognition;

A. The Plaintiffs entered into an employment contract with the Defendant and provided the Defendant with labor, and the Defendant was awarded a subcontract for the construction works of swimming and sprinking (hereinafter “instant construction works”) in the construction works of G companies in F in F at the time of strike from E Co., Ltd. (hereinafter “E”) on August 13, 2014 and September 1, 2014, as a corporation engaging in construction works, etc.

B. Plaintiff H provided labor to the Defendant at the instant construction site from January 9, 2015 to March 10, 2015; Plaintiff B from February 27, 2015 to March 8, 2015; Plaintiff C, from January 9, 2015 to March 12, 2015; however, during the said period, Plaintiff A provided labor to the Defendant. However, during the said period, Plaintiff B did not receive wages of KRW 2,70,00 in total, and KRW 390,00 in total, and Plaintiff C did not receive wages of KRW 1,560,000 in total.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including the number of each branch), the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff’s unpaid wages of KRW 2,700,000 and damages for delay calculated at the rate of KRW 20% per annum as provided by Article 37(1) of the Labor Standards Act and Article 17 of the Enforcement Decree of the same Act from March 25, 2015 to the date when the cause of the payment occurred, and from March 23, 2015 to the date when 14 days have passed since March 27, 2015 to the date when the cause of the payment occurred.

3. Judgment on the defendant's assertion

A. Since December 25, 2014, E, a subcontractor of the instant construction project, directly instructed the Plaintiffs to work and directly supervised them. Since there was no fact that the Defendant performed the instant construction project thereafter, E shall pay the unpaid wages of the Plaintiffs that occurred after December 25, 2014, and the Defendant shall pay the Defendant.

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