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

Purport of claim and appeal

1..

A. The Plaintiff’s assertion and the designated parties were employed by the Defendant, who runs the construction business, as a mold, and provided work from May 2012 to August 2012. However, the Defendant did not pay wages to the Plaintiff and the designated parties for August 2012.

Therefore, the Defendant is obligated to pay to the Plaintiff and the Selections each amount stated in the claim of compensation, which is the wage of August 2012, as well as damages for delay calculated at the rate of 20% per annum from the day following the 14th day from the date of retirement of the Plaintiff and the Selections.

B. The Defendant asserted on March 1, 2012 that the Defendant: (a) subcontracted the instant construction work of reinforced concrete (hereinafter “instant construction work”) to the Selected L Co., Ltd. on the part of the construction work that was subcontracted by the Defendant for the development and research of ground convergence equipment under the 80-4 ground convergence project, Chang-gu, Chang-gu, Yang Chang-dong, Yang Chang-dong, Yang Chang-dong, Yang Chang-dong, Inc.; and (b) did not employ the Plaintiff and the Appoint.

The plaintiff and the designated parties are employed as a tree for the designated parties L, and at the request of the designated parties L, the plaintiff paid the designated parties' total of KRW 346,539,070 in direct payment exceeding the above construction cost. Thus, the defendant is not obligated to pay the wages of the plaintiff and the designated parties.

2. Determination

A. The following facts are revealed by comprehensively taking account of the descriptions of Gap's 1, Gap's 2, Eul's 2, Eul's 2, Eul's 2, 3, 4, 13 through 16 (including each number), and the overall purport of testimony and pleadings of Eul's witness L, the defendant contracted for the instant construction work from the Hoho Public Co., Ltd., i.e., ① the defendant was awarded a contract for the instant construction work, and ② the defendant negotiated the construction contract with L to conclude the construction contract that the defendant awarded the contract for the instant construction work to the Selection for KRW 305,00,000,000, while the contract was negotiated between L and the Selection, the contract for the construction work was not concluded, and L was the construction site of this case.