1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

1. The Plaintiff and the designated parties included in the construction of a new G building in Yangsan City and engage in work, and the Plaintiff and the designated parties: (i) each of the 3.75 million won (i.e., 25 million won per day x 1.5 million won per day x 1.5 million won from June 2, 2011 to July 12, 2011); (ii) 2.5 million won per day from June 2, 2011 to July 12, 201; (iii) 1.5 million won per day x 1.5 million won per day (i.e., 15 days from June 8, 201 to June 30, 2011 to June 30, 2011) were not paid.

(In the absence of dispute, the purport of Gap evidence Nos. 1 and 3 and all pleadings)

2. The parties' assertion

A. The Plaintiff’s assertion and the designated parties are employed by the Defendant and did not receive wages, and thus, the Defendant is obligated to pay wages and damages for delay to the Plaintiff and the designated parties.

B. The plaintiff and the designated parties of the defendant are not the defendant, but employed by the defendant as a subcontracted H in the construction of a new G building by the defendant, and the defendant cannot respond to the plaintiff's claim in this case.

3. Determination

A. In light of the following circumstances, the Defendant, not H, appears to have employed the Plaintiff and the designated parties, in view of the following circumstances that can be acknowledged by comprehensively taking account of the respective descriptions of the 1 to 23 parties to the instant employment contract and the purport of the entire pleadings.

1) In the wage delay case against the Defendant, H consistently stated that only a contract was made by the Defendant for a stony work, and that the stony work was not contracted by the Defendant. 2) The stony work supplied the entire material and human resources by H, and the Defendant did not prepare a separate specifications of daily work cost, while the ston work supplied the material and managed the human resources by the Defendant in the case of the stony work.

3) On June 11, 2013, the Changwon District Court sentenced the Defendant to a fine of KRW 1,500,000 against the Defendant’s violation of the Labor Standards Act relating to each of the instant wages accrued (the Changwon District Court).