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

The purport of the claim and appeal is the purport of the appeal.

A. The Plaintiff’s assertion entered into an employment contract with the Defendant, and from October 21, 2013 to October 21, 2013, the Plaintiff served as the field leader at Gwangju and Leecheon E (hereinafter “instant construction”).

The total amount of personnel expenses to be paid by the Defendant during the period when the Plaintiff had worked for the Plaintiff is KRW 56,875,00 [= KRW 4.2 million for personnel expenses of November 2013 + KRW 4.2 million for the said personnel expenses of KRW 4,675,00 for December 1, 2013 (= KRW 1.5 million per day x 28 days) (= KRW 1.75,00 for the day x 27.5 days)]. The Plaintiff received from the Defendant the payment of KRW 14.5 million for the said personnel expenses for 16 months from January 1, 2014 to April 30, 2015 (= KRW 3 million per month x 1.6 months).

Meanwhile, while working at the construction site of this case for the defendant, the plaintiff used the total of KRW 6.78 million, including KRW 1.7 million as the payment for the management expenses of accommodation and the cost of training expenses for landscaping planting team personnel (= KRW 17.8 million) for the defendant.

Therefore, the Defendant has to pay to the Plaintiff KRW 49,155,00 (i.e., the unpaid labor cost of KRW 42,375,00 (i.e., KRW 56,875,000 - KRW 14.5 million) and delay damages therefrom.

B. The defendant's assertion that there was no employment contract between the plaintiff and the plaintiff, and only the plaintiff has settled part of the construction cost.

Therefore, there is no obligation to pay the Plaintiff labor cost.

2. Determination

A. First, we examine the Plaintiff’s assertion of labor cost.

1) There is no dispute between the parties regarding the fact that the Plaintiff performed the business of planting trees, etc. at the construction site of this case, and according to the Gap evidence Nos. 5 (including the provisional number), the Plaintiff may recognize the fact that the Plaintiff received KRW 37,814,40 (=26,454,400 (Account Number G) from the Defendant’s respective accounts in the name of the National Bank in the name of the Plaintiff) from the Defendant. However, the following circumstances acknowledged by the record, namely, the Plaintiff, each month from the Defendant.