1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Basic facts

A. The Plaintiff is a corporation that runs a fee-charging vocational guidance business, etc., and the Defendant is a corporation that runs a steel-line and concrete construction business.

B. On September 19, 2016, the Defendant was awarded a subcontract for reinforced concrete construction works (hereinafter “instant construction works”) among the new construction works contracted by the said company from Samwon Construction Co., Ltd.

C. On September 2016, at the Defendant’s request, the Plaintiff entered into an agreement with the Defendant that the Plaintiff would supply human resources to the instant construction work, and that the amount of wages of the supplied human resources would be settled and repaid from the Defendant for a month thereafter (hereinafter “instant agreement”). D.

In accordance with the instant agreement, the Plaintiff supplied the construction workforce to the instant construction site from September 2016 to October 2016. As of November 10, 2016, the Plaintiff did not receive KRW 89,861,551 from the Defendant, out of the total amount paid in advance as wages for human resources supplied at the instant construction site as of November 10, 2016.

On November 10, 2016, the Defendant issued a written confirmation of the outstanding amount to the effect that the sum of the unpaid wages to the Plaintiff is KRW 89,861,51.

E. On November 30, 2016, the Plaintiff received KRW 40,000,000, out of the accrued wages from Samwon Construction Co., Ltd.

【Ground of recognition】 The fact that there has been no dispute, Gap's 5 through 8, 13 through 16, Eul's 10, the purport of the whole pleadings

2. Determination:

A. According to the above facts finding as to the cause of the claim, barring special circumstances, the defendant is obligated to pay to the plaintiff the unpaid wage of 49,861,551 won (=89,861,551 won - 40,000,00 won) and damages for delay, out of the wages that the plaintiff paid in advance pursuant to the agreement of this case.

The defendant led to the confession by the court of first instance that the agreement of this case was concluded with the plaintiff, and the court revoked the agreement and concluded the agreement of this case with the plaintiff.