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1. The plaintiff's appeal is dismissed.
2. Upon the plaintiff's preliminary claim added at the trial, the defendant shall be the plaintiff.
Reasons
1. Judgment on the main claim
A. The plaintiff's summary of the plaintiff's assertion did not pay KRW 4,760,00 per day, even though the plaintiff and the tree trees were employed as daily allowance while running the interior works of the building C on the ground of the original city of the original city of the Republic of Korea (hereinafter "the construction of this case"). The plaintiff paid KRW 1,360,00 per day of the tree D, KRW 1,280,00 per day of tree trees E, KRW 1,280,00 per day of tree trees F, and KRW 1,10,000 per day of tree trees G on behalf of the defendant at the request of the defendant.
In addition, although the Plaintiff was merely an employee of the Defendant and did not have an obligation to subscribe to industrial accident insurance, the Plaintiff determined that the Defendant and the Plaintiff will pay industrial accident insurance premiums or dues, etc. to be imposed on the Defendant and the future Plaintiff on behalf of the Defendant on the grounds of the reduction of insurance premiums by a large number of H in the construction process of the instant case.
Therefore, the Defendant is obligated to pay the Plaintiff the amount equivalent to KRW 4,760,00 per day, KRW 5,020,000 paid by the Defendant to other trees on behalf of the Plaintiff, and KRW 8,829,640, such as the industrial accident premium to be paid by the Plaintiff to the Korea Workers’ Compensation and Welfare Service in the future.
B. This part of the Plaintiff’s assertion as to the claim for subrogation on the Plaintiff’s daily allowance and number of trees is based on the premise that the employment relationship between the Plaintiff, the Defendant, and the trees has been established. Therefore, this part of the Plaintiff’s assertion is based on this premise.
Gap evidence 1-5 1, Gap evidence 9, evidence 13-1, 2, Gap evidence 14, 15, 16, evidence 17-1 through 6, Gap, 18, 19, 21, 22, and 23, evidence 24-1 through 5, and the fact-finding results on the original branch of the Korea Labor Welfare Corporation of this court do not dispute between the parties, or the fact-finding results on the original branch of the Korea Labor Welfare Corporation of this court do not dispute between the parties, only by the fact-finding results on the evidence 7-1, 3, Gap evidence 12-1, 14, 15, 16, evidence 17-1, 2, 3, and 17-1, 3 of the evidence 17, and Eul.