1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

The judgment on the cause of the claim was made on February 24, 2015 by the Defendant to the co-defendant B of the first instance court, who is not a constructor, under the Framework Act on the Construction Industry, subcontracted the part of the structural construction among the new construction works of Yeongdeungpo-gu Seoul (hereinafter “instant construction”). The Plaintiff from March 2, 2015 to March 2, 2015.

5. The fact that the Plaintiff was employed by B until the construction site of this case, and provided the instant wooden labor, and the Plaintiff’s wages that were not received from B with respect to the provision of labor at the construction site of this case may be acknowledged pursuant to the purport of each of the entries in the evidence and the entire pleadings and arguments as follows: (a) the wage of KRW 2,780,000 for April 1, 205; and (b) the wage of KRW 3,580,000 for May 1, 2015 to August of the same month.

According to the above facts, pursuant to Article 44-2(1) of the Labor Standards Act, the Defendant is jointly and severally liable with B to pay 3,580,000 won to the Plaintiff as a direct superior contractor of B, who is not a constructor, pursuant to Article 44-2(1) of the Labor Standards Act, and the damages for delay calculated at the rate of 20% per annum from May 23, 2015 to the date of full payment, 14 days after the retirement

The defendant asserts that all of the plaintiff's wages were paid.

According to the overall purport of the statements and arguments by evidence Nos. 4 and 7, and Nos. 1 through 6, Defendant and B agreed to complete the structural construction on May 4, 2015, but did not complete the construction due to aggravation of the financial situation of B; thus, on May 8, 2015, field workers including Plaintiff et al. have terminated employment relationship with B, and around that time, Defendant and Defendant agreed to complete the finishing construction work by May 16, 201, and Defendant shall directly pay wages to Plaintiff et al. in relation to the said construction work, and Plaintiff et al. shall complete the finishing construction work in accordance with an agreement with Defendant and pay wages to the Plaintiff et al. on May 16, 2015.