Of the part against the defendant in the judgment of the court of first instance, the part against the plaintiff who is ordered to pay below.

1. Facts of recognition;

A. Codefendant C of the first instance trial (hereinafter “C”) was a person who worked as the Plaintiff’s employee from December 2, 2015 to December 2018, and was in charge of exercising overall control over the power distribution work of the construction site that the Plaintiff is performing upon receipt of demand from the Korea Electric Power Corporation (hereinafter “instant construction site”), and was in charge of requesting labor costs to the Plaintiff by receiving work sites from the site site site.

B. However, although the Defendant did not work as a daily worker at the construction site of this case, C prepared a false statement of daily majors and shipbuilding equipment specifications and submitted them to the Plaintiff, and filed a claim for the Defendant’s benefit.

C. From July 2017 to December 2017, the Plaintiff paid a sum of KRW 9.6 million as indicated in the attached Table “total amount of wages” as wages to the Defendant, and deposited KRW 9,323,760,000 as stated in the attached Table, which deducted the withholding tax from the said money, into the Defendant’s account at least five times.

[Ground of recognition] Each entry of Gap evidence Nos. 1 through 5, 8, 9 (including paper numbers), and the purport of the whole pleading

2. Determination as to the cause of action

A. In order to establish a joint tort under Article 760(1) of the Civil Act, where several persons jointly inflict damages on others, each act must be independently and objectively related to and jointly with the requirement of the tort and should be recognized as having inflicted damages on the victim.

(see, e.g., Supreme Court Decision 2010Da102755, Apr. 26, 2012). In addition, Article 760(3) of the Civil Act imposes joint tort liability on an aided person by deeming the aided person as a joint tortfeasor.

Assistance refers to all direct and indirect acts that facilitate tort, and in principle, negligence is for the purpose of compensating for damages.