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1. Defendant L Co., Ltd. shall be KRW 4,00,000 to Plaintiff A, KRW 3,600,000 to Plaintiff B, KRW 3,00,000 to Plaintiff C, and KRW 3,00,00 to Plaintiff C.
Reasons
1. Facts of recognition;
A. From June 1, 2018 to June 29, 2018, the Plaintiffs, who were employed by Defendant L Co., Ltd. (hereinafter referred to as “stock company” from the time of the second name, provided labor and retired at the site of the building of reinforced concrete outside Pyeongtaek-gun, Gyeonggi-do, which was subcontracted by Defendant M Co., Ltd. from June 1 to June 29, 2018.
B. The wages that the Plaintiffs did not receive from Defendant L are Plaintiff A 4,00, Plaintiff B 3,600,000, Plaintiff C3,000,000, Plaintiff D 3,200,000, Plaintiff E2,000,000, Plaintiff F2,60,600,000, Plaintiff G 3,200,000, Plaintiff H2,40,000,00, Plaintiff I 2,200,200,000, Plaintiff J 2,200,2,200,000, Plaintiff J 3,000,00, and Plaintiff C2,200,200,00,000.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination as to the claim against Defendant L
(a) Indication of claim: The plaintiffs' wages not paid by the defendant L, as above, as well as damages for delay as prescribed by the Labor Standards Act, calculated at the rate of 20% per annum from July 14, 2018, following the 14th day after the date of retirement.
(b) Judgment on deemed confession (Article 208 (2) of the Civil Procedure Act);
3. The plaintiffs asserted that the defendant M is a legitimate direct contractor who entered into a subcontract to the defendant L, and is jointly and severally liable to pay the unpaid wages to the plaintiffs under Article 44 of the Labor Standards Act.
On the other hand, the liability of the immediately preceding contractor under Article 44 of the Labor Standards Act is borne by the subcontractor where the subcontractor was unable to pay wages to workers due to a cause attributable to the immediately preceding contractor, and there is no evidence to prove that the defendant L did not pay wages to the plaintiffs due to the cause attributable to the
Rather, according to the written evidence Nos. 2 and 4, Defendant M pays the construction cost under the subcontract to Defendant L when all the construction cost under the subcontract is offered to Defendant L, and the subcontract is made on July 18, 2018.