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1. The defendant
A. 8,275,00 won and the interest rate of 8,275,00 won to the Plaintiff (Appointed Party) shall be from May 2, 2016 to the date of full payment.
Reasons
1. Facts of recognition;
A. The Defendant is a subcontractor awarded a subcontract for reinforced concrete construction from Handong Construction Co., Ltd., the contractor of the E-Newly constructed construction.
B. The Plaintiff (Appointed Party) and the designated parties (hereinafter collectively referred to as “Plaintiffs”) provided labor to the Defendant on April 17, 2016 on behalf of the Plaintiff (Appointed Party), the appointed parties B, and the appointed parties D, and the appointed parties C up to April 1, 2016 on behalf of the Defendant at the construction site.
C. The wages that the Defendant paid to the Plaintiffs are KRW 8,275,000, KRW 7,790,000 for the appointed parties, KRW 37,575,00 for the appointed parties, and KRW 9,025,00 for the appointed parties.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, Gap evidence 3-1-3, the purport of the whole pleadings
2. Determination
A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff (Appointed Party) 8,275,000 won with unpaid wages and its delay damages at the rate of 20% per annum as stipulated in the Labor Standards Act from May 2, 2016 to the date of full payment, the amount of interest calculated at the rate of 7,790,000 won per annum as stipulated in the Labor Standards Act from May 2, 2016 to the date of full payment, and the amount of interest calculated at the rate of 20% per annum as stipulated in the Labor Standards Act from May 2, 2016 to the date of full payment from May 2, 2016 to the date of full payment. The Defendant is obligated to pay to the Selection Party C the amount calculated at the rate of 20% per annum as stipulated in the Labor Standards Act from April 16, 2016 to the date of full payment to the date of full payment.
B. The defendant's assertion 1 argues that there is no labor contract relationship between the defendant and the plaintiffs since the defendant lent F the defendant's name and construction business license to F, the actual corporation was F, and F is employed by F during the construction process.
However, it is admitted by each evidence mentioned above.