A. The Plaintiff is a company with the objective of job placement, etc., and the Defendant was awarded a contract for a reinforced concrete construction business, which is a company with the objective of this business.

B. On February 2, 2016, the Defendant subcontracted the parts of concrete and non-permanent construction (hereinafter “instant construction”) during the said construction work with B, a building-free constructor.

C. At the request of B, between February 2016 and June 2017, the Plaintiff arranged workers at the construction site of this case. B employed workers arranged by the Plaintiff and put them into the construction site of this case and completed concrete and non-permanent construction.

The Plaintiff: (a) investigated the number of workers’ work hours, wages, etc. that were put into the construction site of this case; and (b) paid the wages that B would have to pay to workers; and (c) during the period from September 2, 2016 to February 2, 2017, the Plaintiff’s advance payment amounting to KRW 7,700,000 in total.

【Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 18, purport of the whole pleadings】

2. The party's assertion and judgment as to it

A. (1) The Plaintiff’s assertion (1) the Defendant subcontracted the instant construction work to B, and the Plaintiff supplied workers at the construction site of the instant case at the request of the Defendant, a subordinate beneficiary, and paid wages to workers on behalf of B pursuant to a surrogate payment agreement, and was given the workers’ consent to exercise the right to wage from workers.

Even if the Defendant paid the full amount of the construction price to B who is the subcontractor, the Defendant is jointly and severally liable to pay the Plaintiff the total amount of KRW 77,700,000 and delay damages as long as the Defendant did not pay wages after September 2016, pursuant to Article 44-2(1) of the Labor Standards Act.

(2) The Defendant did not request the Plaintiff to mediate human resources, and the Defendant did not request the Plaintiff to mediate human resources.