1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Facts of recognition;

A. On August 30, 2015, the Defendant entered into a contract with D with the owner of Ba, which is newly constructed on the land outside Sung-gu, Seongbuk-gu, Sungnam-gu, and one parcel (hereinafter “instant loan”). On August 30, 2015, with respect to the pellet construction among the instant construction works for the instant loan, ① the construction period: from August 31, 2015 to October 30, 2015; ② the construction cost of KRW 88,000,000,000.

D again subcontracted the above construction to E, E, respectively, to F.

B. F agreed with the Plaintiff to receive a daily allowance and take charge of part of the structural construction of the instant Gaba, which is part of the instant Gaba.

C. As to the construction of the instant loan, the Plaintiff received KRW 52,80,000,000 from F on September 3, 2015, KRW 11,000,000 on September 25, 2015, KRW 11,000,000 on October 24, 2015, and KRW 20,000 on November 25, 2015 from D, and KRW 52,80,00,000 on December 9, 2015.

On the other hand, on March 28, 2016, the Plaintiff filed a complaint on the ground that F was not paid the Plaintiff’s wage to the Seoul Regional Employment and Labor Agency, Seoul Northern District Office, but the case was closed on the ground that the Plaintiff received money and valuables to return the wage during the entire period of work.

【Ground of recognition】 The fact that there has been no dispute, entry of Eul Nos. 1 and 2, the purport of the whole pleading

2. Determination

A. The Plaintiff asserted that the Plaintiff agreed with F to perform the pellet construction with a daily amount of KRW 300,000,000 for the instant loan construction.

Since then, F did not pay personnel expenses on a timely basis, the Defendant directly agreed to pay the Plaintiff the unpaid personnel expenses of KRW 16.44 million on December 4, 2015, but did not pay the remainder of KRW 8.8 million to the Plaintiff. As such, the Defendant is obligated to pay the unpaid personnel expenses of KRW 8 million to the Plaintiff.

B. The judgment of the Plaintiff and the Defendant recognized that there was no particular contract form between the Plaintiff and the Defendant, and that the Plaintiff voluntarily agreed on the payment of F and personnel expenses, and the Defendant drafted a contract form for D and C&D.