1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

1. Basic facts

A. C leased part of the Defendant’s factory located in Kimpo-si D from around 2014 to 2016, and operated “E” of the household manufacturers.

The defendant (the defendant had the head office in Incheon, and the head office from November 2002 to June 2015 was located in Incheon, Seo-gu, Incheon, and from August 4, 2016, in the Seo-gu, Incheon, Seo-gu, Incheon. The above factory was Kimpo branch, and on August 5, 2016, the former Kimpo branch was changed into the head office and the former head office (In Incheon, Seo-gu F) to the Incheon branch, respectively).

The Plaintiff was from June 9, 2015 to October 31 of the same year, but was not paid KRW 8,623,334 in total during the above period of labor.

C. With respect to the overdue wage, etc. against 15 foreign workers (including the Plaintiff) who provided labor to the above household manufacturing business (hereinafter “the overdue wage, etc. in this case”), the letter of confirmation of the business owner and the company’s overdue wage, etc. issued by the director of the vice branch office of the Central Labor Agency of the Central Regional Employment and Labor Office is indicated as “the name of the business place: G Kimpo branch office, actual representative, and representative: H

(hereinafter referred to as the “Nancheon District Employment Agency” shall be construed as the “Employment and Labor Agency” only). [The grounds for recognition] of absence of dispute, entry of evidence No. 1 and the purport of the whole pleadings.

2. The parties' assertion

A. The Plaintiff’s assertion 1) is not C but C. Therefore, the Defendant is obligated to pay the Plaintiff the sum of wages in arrears of KRW 8,623,334 and delay damages therefor. 2) Even if the Defendant was not directly employing the Plaintiff, the Defendant allowed C to use his/her name to operate his/her business, and provided the Plaintiff with labor by mistake as the business owner. As such, the Defendant is obligated to pay wages and delay damages to the Plaintiff as the nominal owner under Article 24 of the Commercial Act or the expressed manager under Article 14 of the Commercial Act.

B. The defendant's employment of the plaintiff 1 is C.