1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. The following facts are acknowledged in full view of the purport of the entire pleadings in the statements in Gap evidence Nos. 1, 2, and 3.

A. On October 2018, the vice president of the Central District Employment Agency issued to the Plaintiff (Appointed Party) a written confirmation of the overdue wage, etc. and the employer, stating that “The Defendant delayed payment of wage of KRW 1.6 million to the Plaintiff (Appointed Party), wages of KRW 700,000,000,000 to the Appointed Party C, and wages of KRW 2.35,000,000 to the Appointed Party D,” respectively.

B. On November 12, 2018, the Defendant received a summary order of KRW 700,000 (Seoul District Court Branch Branch Decision 2018Da828282) on the grounds of the fact that the Defendant failed to pay wages to Plaintiff (Appointed Party), Appointed C, and D, as stated in the written confirmation of the business owner’s payment of overdue wages, etc., and the summary order was finalized.

2. Determination

A. According to the above facts, the defendant seems to have not paid 1.6 million won of wages to the plaintiff (appointed party), 700,000 won of wages to the Appointed, and 2.35,000 won of wages to D. The defendant is obligated to pay to the plaintiff (Appointed party) and the selected for delay calculated at the rate of 20% per annum as stipulated by the Labor Standards Act from the date when 14 days have elapsed from the expiry date of each of the above work to the date of full payment (as for the plaintiff (Appointed party) (as for the plaintiff (Appointed party), the Appointed C, and D, May 15, 2018) to the date when 14 days have passed from the expiry date of each of the above work.

B. The Defendant asserts that, around November 2017, the Defendant: (a) subcontracted the above construction work to F after being awarded a contract for the construction work of the E-ground detached housing; and (b) the F appears to have employed the Plaintiff (Appointed Party) and the designated parties during the subcontracted work; and (c) thus, the Defendant did not have any obligation to pay wages to the Plaintiff (Appointed Party) and the designated parties.

The fact that a criminal judgment which became final and conclusive on the same facts in a civil trial should be a flexible evidence, so it is different from that submitted in a civil trial.