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1. The defendant,
A. The Plaintiff (Appointed Party) KRW 4.1 million, KRW 6.15 million to the Appointor C, and KRW 3.6 million to the Appointor D.
Reasons
1. Comprehensively taking account of the purport of the entire pleadings as to the evidence No. 1 of the judgment as to the cause of the claim, the fact that the plaintiff (appointed party; hereinafter referred to as the "Plaintiff") and the designated party employed the defendant and the defendant worked in the construction site of sewage level from N Co., Ltd. (hereinafter referred to as N) during the period of service of the attached Table No. 2, but the defendant did not receive wages in the column
According to the above facts of recognition, the defendant is obligated to pay to the plaintiff and the selected parties 14 days after the date of retirement in the case of the above overdue wages and the selected parties Ma, and to pay damages for delay calculated at the rate of 20% per annum from July 15, 2018 after the 14 days from the date of retirement to the date of full payment in the case of the plaintiff and the remaining designated parties.
2. Judgment on the defendant's assertion
A. The defendant's assertion that the defendant did not receive the work price from N who is an immediate upper contractor, and thus, the plaintiff and the designated parties were not paid wages. Thus, N must pay the above wages in accordance with Articles 44 (1) and 44-2 (1) of the Labor Standards Act.
B. Article 44(1) of the Labor Standards Act provides that "If a subcontractor fails to pay wages to workers due to a cause attributable to the immediate upper tier contractor, where a project is conducted based on multiple contracts, the immediate upper tier contractor shall be jointly and severally liable with the subcontractor, and Article 44-2(1) of the same Act provides that "Where the project is conducted on two or more occasions in the construction industry, the subcontractor who is not the constructor under subparagraph 7 of Article 2 of the Framework Act on the Construction Industry fails to pay wages to workers employed by the subcontractor, the immediate upper tier contractor shall be jointly and severally liable to pay wages to workers employed by the subcontractor."
The above provisions shall apply to wages of workers employed by the subcontractor.