1. Defendant M shall be KRW 4,00,000 to Plaintiff A, KRW 3,100,000 to Plaintiff B, KRW 3,147,692 to Plaintiff C, and KRW 3,100 to Plaintiff D.

1. Basic facts

A. On November 2017, Defendant L Co., Ltd. (hereinafter “Defendant L Co., Ltd”) entered into a subcontract agreement with Defendant M, who is not a constructor under Article 2 subparag. 7 of the Framework Act on the Construction Industry, under which the Defendant Co., Ltd. was awarded a contract with Defendant M on the part of the construction works for the new construction works of the NE on the ground of Osan City, which was contracted by the Defendant Co., Ltd. (hereinafter “instant subcontract agreement”).

B. Since then, the instant construction was completed around July 26, 2018.

C. Around February 11, 2019, the Plaintiffs were issued a written confirmation of the employer’s overdue wages, etc. on the ground that they were employed by Defendant M and did not receive the said wages, and issued a written confirmation of the employer’s overdue wages, etc. (Evidence A 3) with the purport that the employer was not paid the following wages from the Defendant M and the Defendant Company due in a legitimate direct position, by the head of the Regional Employment and Labor Agency within the Ministry of Employment and Labor.

A CDD E F GH I JJ TR T UV WX Y QO [based on recognition] without dispute, each entry in Gap evidence 1, 3, and 5, and the purport of the whole pleadings.

2. The parties' assertion

A. The Plaintiffs were employed by Defendant M and performed the instant construction, but did not receive wages as described in paragraph (1)(c) from Defendant M.

Therefore, as the employer of the plaintiffs, the defendant M is the direct contractor of the defendant M under Article 44-2 (1) of the Labor Standards Act, and the defendant M is jointly and severally liable to pay the above unpaid wages.

B. The Plaintiffs of the Defendant Company are not those who performed the instant construction work.

(c) deemed confessions made by Defendant M. (Article 150(1) of the Civil Procedure Act)

3. Determination

A. As seen earlier, the Plaintiffs, who were employed by Defendant M and performed the instant construction work as to the claim against Defendant M, was paid wages as described in paragraph (3) of Article 1.