2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

A. The gist of the Plaintiff’s assertion (Appointed Party) and the designated parties (hereinafter collectively referred to as “Plaintiffs”) provided the Defendant with their labor from May 2013 to July 2013 at the site of the Namwon-si Corporation (hereinafter “instant construction”) employed by the Defendant as daily employed workers, but did not receive wages from the Defendant.

Therefore, the defendant is obligated to pay the plaintiff (appointed party) the overdue wages of KRW 9.2 million, KRW 7.5 million, and KRW 4.5 million to the Appointed E.

B. The gist of the Defendant’s assertion is that the Defendant subcontracted the instant construction to Sungho Construction Co., Ltd. (hereinafter “Shoho Construction”) and paid all the construction cost to Sungho Construction, and there was no direct employment of the Plaintiffs.

Rather, the Plaintiff (Appointed Party) constitutes a sub-subcontract for the instant construction work, and the designated parties are daily workers employed by the Plaintiff (Appointed Party). Therefore, the Plaintiff’s assertion based on the premise that the Defendant is the employer is without merit.

2. Determination

A. As to whether the employment contract was concluded between the plaintiffs and the defendant, each statement of Gap evidence Nos. 1 through 7 (including each number; hereinafter the same shall apply) is insufficient to recognize that the employment contract was concluded as alleged by the plaintiff (appointed party), and there is no other evidence to acknowledge it otherwise.

Rather, in light of the following facts acknowledged by adding the evidence No. 8 and No. 1 to the evidence No. 1, and the results of each fact-finding to the Jeonju District Labor Agency in Gwangju District Office, the Plaintiff (Appointed Party) is the Defendant’s re-subcontract, and the designated parties are determined to have provided labor under the employment of the Plaintiff (Appointed Party).