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(영문) 서울중앙지방법원 2018.09.20 2017가단107771
임금
Text

1. The Defendants are jointly and severally named as the “Appointed” column in the attached Table to each of the Plaintiffs (Appointeds) and the designated parties.

Reasons

1. Determination as to the claim against the defendant B

A. The facts of recognition (1) Plaintiff (Appointed Party) and the designated parties (hereinafter the Plaintiff et al.) were employed by Defendant B, and retired from office on the site of “Seoul Gangnam-gu D Neighborhood Living and Multi-family Housing Construction Corporation” during each relevant service period indicated in the attached list.

(2) During the above period, Defendant B did not pay the Plaintiff, etc. wages of KRW 68,498,00 in total, as shown in the attached Table, without any agreement on extension of the due date.

[Grounds for Recognition: Confession (Article 150(1) of the Civil Procedure Act)]

B. Accordingly, Defendant B is obligated to pay the Plaintiff, etc. the amount corresponding to the claim amount in the attached sheet and the damages for delay calculated at the rate of 20% per annum as stipulated in the Labor Standards Act from the corresponding date to the day of full payment as to each of the above amounts.

2. Determination as to the claim against Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”).

A. In full view of the overall purport of the arguments in the statements in Gap evidence Nos. 1, 2, and Eul evidence Nos. 1 through 2, the defendant company was awarded a contract from the owner of the building to "the construction of a new house for neighborhood living and multi-family housing (hereinafter "the construction of this case") on the land outside Gangnam-gu Seoul city, Seoul. ② The defendant company subcontracted the construction of a reinforced concrete among the construction of this case on March 15, 2017, to E company subcontracted the construction of this case on April 1, 2017, ③ the E company re-subcontracted the part of the construction of this case to defendant B, ④ the fact that the E company and the defendant B were not a registered constructor, and the fact that the plaintiff et al. failed to pay wages during the period of service to the plaintiff et al. are as seen earlier.

B. According to the above facts of recognition, the defendant company is in construction business under Article 44-2(2) and Article 44-2 of the Labor Standards Act (Joint and Several Liability for Payment of Wages in Construction Business) (1).

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