(영문) 서울중앙지방법원 2015.02.12 2013가단302677

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2015.02.12 2013가단302677

임금지급

Text

1. All claims filed by the plaintiff (appointed party) and the designated parties are dismissed.

2. The costs of lawsuit are assessed against the Plaintiff (Appointed Party).

Reasons

1. Facts of recognition;

A. The Defendant Samwon Es&D Co., Ltd. (hereinafter “Defendant Samwon”) was awarded a contract for teinology construction from Daewoo Construction Co., Ltd., Ltd., and Defendant Samwon awarded a contract for teinology construction, and Defendant Samwon awarded a contract for teinology (hereinafter “Defendant Sejong”) on August 15, 2012 to Defendant Samwon Co., Ltd., Ltd., for 808,500,000 won during the said construction (including value-added tax).

B. At around September 2012, Defendant Sejong re-subcontracted KRW 145,00,00 with respect to the instant tin work (hereinafter “instant work”) at KRW 107,110,00 among said tin work.

[Ground of recognition] Facts without dispute, entry of Eul 1 to 3 evidence, purport of the whole pleadings

2. The plaintiff (appointed party; hereinafter "the plaintiff") alleged that the plaintiff (appointed party; hereinafter "the plaintiff") agreed to receive KRW 180,000 as the daily wage around February 20, 2013 and that the plaintiff and the designated party (hereinafter "the plaintiff et al.") agreed to receive KRW 150,000 as the plaintiff's worker of the defendant Sejong and provided labor to the construction site of this case, and the designated party did not pay personnel expenses as shown in the attached Table, despite being employed as the worker of the defendant Sejong and provided labor to the construction site of this case. The defendant Samwon is jointly and severally liable with the subcontractor if the subcontractor fails to pay wages to workers due to a cause attributable to his/her direct contractor in case where the business is conducted based on several contracts under Article 44 of the Labor Standards Act and Article 44 (Payment of Wages to Contract) of the Labor Standards Act (Article 24 subparagraph 1 of the Enforcement Decree of the same Act).

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) The causes attributable to paragraph (1) shall be prescribed by Presidential Decree.

The scope of causes attributable to Article 44 (2) of the Enforcement Decree of the same Act shall be as follows:

1..

참조조문

-근로기준법 제44조

-근로기준법 시행령 제24조 제1호

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