beta
Text
1. The Defendants jointly and severally against the Plaintiff (Appointeds) KRW 11,070,00 and KRW 6,048,000 and KRW 6,00 to the Appointeds E.
Reasons
1. Facts of recognition;
A. The Plaintiff (Appointed Party; hereinafter “Plaintiffs”) and the designated parties (hereinafter collectively referred to as “Plaintiffs, etc.”) were employed by Defendant B (G) from September 2017 to November 1, 201, by providing labor at the site of the construction work of H neighborhood living facilities and multi-family house (hereinafter “new construction work of this case”), but Defendant B did not pay the following wages to the Plaintiff, etc.:
AD EF
B. On July 3, 2017, Defendant C Co., Ltd. (hereinafter “Defendant C Co., Ltd”) supplied the instant new construction work with KRW 1.085 billion from July 3, 2017 to the company engaged in an engineering work business, building work business, etc., and subcontracted the instant new construction work to Defendant B on July 10, 2017 regarding reinforced concrete construction, which is a structural structure, among the new construction work in the instant case (excluding value-added tax).
C. Defendant B was not registered as a constructor under the Framework Act on the Construction Industry or under other Acts.
[Ground of recognition] The fact that there has been no dispute, Gap evidence 1, Eul 1 through 19 (including each number in case of additional evidence) or the purport of whole pleadings
2. Article 44-2(1) of the Labor Standards Act provides that where a construction business has been subcontracted two or more times, if a subcontractor who is not a constructor registered under the Framework Act on the Construction Industry, etc. fails to pay wages incurred in the relevant construction work to his/her employees, an immediate upper tier contractor shall be jointly and severally liable with the subcontractor to pay wages to his/her employees.
In this case, among the new construction works of this case, reinforced concrete construction works were awarded twice from Defendant I to Defendant B via Defendant Company, and Defendant B is not a constructor registered by the Framework Act on the Construction Industry, etc., and the Plaintiff, etc. is the new construction work of this case.