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(영문) 인천지방법원 2021.01.27 2019나2995
임금
Text

All appeals filed by the defendant against the plaintiff (the designated party) and the sperm are dismissed.

Expenses for appeal are assessed against the defendant.

Reasons

1. Facts of recognition;

A. On August 8, 2017, the Defendant offered a bid to H Corporation (hereinafter “instant construction”). The Seoul Regional Public Procurement Service selected the Defendant as the contractual party and concluded a contract for the instant construction work.

B. The Plaintiff and the winners (hereinafter referred to as “Plaintiff, etc.”) entered into a labor contract with C in relation to the instant construction project, and worked at the construction site from November 2017 to July 23, 2018.

(c)

On October 19, 2018, 12 workers, including the Plaintiff, who entered the construction site of this case, filed a civil petition with the high-level branch office of the Central and Medium Local Labor Agency on the ground that C did not pay a total of KRW 13,915,000,00.

On November 15, 2018, the Defendant paid 5,000,000 won to the said workers on behalf of C, and the said workers voluntarily withdrawn the civil petition against C.

(d)

On November 15, 2018, the head of the High Regional Labor Agency of the Jung-Yan District Office issued a written confirmation of the employer, such as wages in arrears, C, the lawful superior construction contractor, C, C’s wages of KRW 1,380,000 against the Plaintiff, wages of KRW 2,070,000 against the Selection E, wages of KRW 2,070,000 against the Selection, wages of KRW 2,070,000 against the Selection, wages of KRW 1,840,000 against the Selection, and wages of KRW 1,840,000 against the Selection G.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 through 5, the purport of the whole pleadings

2. Summary of the parties' arguments

A. Although the Plaintiff et al. entered into an employment contract with C and worked until July 30, 2018, the Plaintiff et al. did not receive wages of KRW 8,915,000 for the total amount of July 2018.

The Defendant, who is not a construction business operator, awarded a subcontract to C for the non-interpreting and cont sheeting of the instant construction work. As such, the Defendant, who is a direct supplier of C, is jointly and severally liable with C to pay the unpaid wages to the Plaintiff, etc. pursuant to Article 44-2(1) of the Labor Standards Act.

B. Defendant 1).

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