A. On February 2015, Defendant B Co., Ltd. (hereinafter “Defendant Company”) contracted the construction of F, G, and H-based I plant (hereinafter “instant construction”) to “E” operated by D, and at the time, the Plaintiff worked as E’s technician.

B. Around June 8, 2015, Defendant Company failed to comply with the scheduled completion date of the instant construction works, and agreed to terminate the construction contract with E and directly perform the instant construction works. Around June 10, 2015, Defendant Company employed Plaintiff and had the Plaintiff perform incidental duties, etc. regarding the work related to the instant construction from June 10, 2015 to September 20, 2015.

C. On September 25, 2015, Defendant Company paid KRW 5,000,000 to the Plaintiff as remuneration.

[Ground of recognition] Facts without dispute, Gap's entries, Gap's 2, 5, 19 through 23, 25, 28 through 34, 36 through 38, 55, 57, 59, 60 through 66, and the purport of the whole pleadings and arguments

2. Determination as to the claim against the defendant company

A. The Plaintiff’s claim for remuneration was agreed on an amount equivalent to KRW 5,00,000 per month between the Defendant Company and the Defendant Company. As such, the Defendant Company is obligated to pay the Plaintiff KRW 15,00,000 calculated by deducting KRW 5,00,000, which was already paid from KRW 20,000 for four months from June 10, 2015 to September 25, 2015. However, the evidence submitted by the Plaintiff alone is insufficient to acknowledge that the Plaintiff and the Defendant Company agreed on the amount equivalent to KRW 5,00,00 per month’s remuneration, and there is no other evidence to prove otherwise.

However, since employment is a contract under which an employer shall pay remuneration to a worker who provides labor (Article 656 of the Civil Act), remuneration in an employment contract constitutes an essential part of an employment contract.

Therefore, there is no employment contract that is not premised on the payment of remuneration, but there is no restriction on the payment of remuneration.