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Among the judgment of the first instance, the part against the defendant exceeding the amount ordered to be paid under the order shall be revoked.
Reasons
1. Facts of recognition;
A. From July 2, 2017 to February 1, 2018, Plaintiff A provided labor under the employment of the Defendant to F and was not paid KRW 3,215,00.
B. From October 19, 2017 to November 25, 2017, Plaintiff B provided labor under the employment of F by the Defendant, which was not paid KRW 1,520,000.
C. From September 4, 2017 to December 2, 2017, Plaintiff C provided labor after being employed by the Defendant to F and was not paid KRW 2,880,000.
Plaintiff
D From June 10, 2017 to July 24, 2017, D provided labor under the employment of the Defendant to F, which was not paid 5,320,000 won.
[Grounds for recognition] The items in Gap's Evidence Nos. 1, 2 (including each number), Gap's Evidence Nos. 1, 2, 1, 1, 1, 1, and 1, and the purport of the whole pleadings
2. The assertion and judgment
A. According to the facts acknowledged earlier, the Defendant withdrawn a lawsuit against G from September 21, 2019 on the date of the first instance judgment, in which the Plaintiff maintained the lawsuit against the Defendant and G as co-defendant at the first instance court trial, but the base date of the Plaintiffs’ damages for delay appears to have been the next day of the final delivery of the complaint against the Defendants of the first instance trial, and thus, it appears that the base date of the Plaintiffs’ damages for delay was the next day of the final delivery of the copy of the complaint of this case to the Defendants of the first instance trial, as sought by the Plaintiffs.
C. It is obligated to pay damages for delay calculated at the rate of 12% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings until the date of full payment.
B. As to this, the defendant asserted that H only employed the plaintiffs and that the defendant did not employ the plaintiffs, but according to the evidence above, the defendant was acknowledged as above.