임금
1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff (appointed party) who falls under the above revoked part shall be revoked.
1. Basic facts
A. The Defendant is a stock company established for the purpose of building construction business, etc., and the Plaintiffs provided labor with concrete holes at the construction site of the G Agricultural Association District Distribution Center (hereinafter “instant construction”).
B. On November 19, 2012, the Defendant contracted the instant construction from G farming association to G farming association. Of them, the Defendant concluded a subcontract with H on the same day (hereinafter referred to as “H”) and the construction period from November 19, 2012 to April 30, 2013, with respect to molding construction and reinforced concrete construction (i.e., increase of KRW 47,850,000 thereafter), and (ii) KRW 320,870,000 for reinforced concrete construction cost (i.e., increase of KRW 325,886,000).
C. Around April 8, 2013, the Defendant subcontracted additional marina packing work, etc. (hereinafter “additional work”) to H in KRW 3,937,200.
At the construction site of this case, the Plaintiff, the Appointor D performed concrete construction works, etc. from March 8, 2013 to June 3, 2013, respectively, from March 11, 2013 to June 3, 2013, respectively, and from March 11, 2013 to June 3, 2013, and from May 15, 2013 to June 3, 2013 to June 3, 2013.
E. From December 18, 2012 to May 23, 2013, the Defendant paid KRW 407,673,200, totaling KRW 325,886,00,00 for reinforced concrete construction works in the instant case (including additional construction works KRW 33,937,20) to H et al. (including direct payments).
[Ground of recognition] Facts without dispute, Eul evidence 1-1, Eul evidence 10, the purport of the whole pleadings
2. Determination as to the cause of claim
A. The plaintiffs asserted that they are employed by the defendant and provided labor to perform the construction work of this case, and the defendant is obligated to pay the plaintiffs the unpaid wages and damages for delay.
As to this, the defendant only provided labor under H, and there is no employment relationship between the defendant and the defendant.