1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On February 15, 2014, the Defendant and C companies (hereinafter referred to as “C companies”) provided a subcontract to C companies for installation works and field installation works that the Defendant attached parts to the steel frame processed in the first place (hereinafter “instant construction works”) from among steel production installation works that the Defendant received from D companies, by setting the unit price of 430,000 won per ton of steel frame and the construction period from February 17, 2014 to March 30, 2014.

B. C Company commenced the instant construction work on February 17, 2014 and completed it on March 30, 2014.

C. On April 9, 2014, C Company requested the Defendant to pay wages of KRW 110,960,000 for 25 workers who were placed in the instant work, and the Defendant paid the Defendant wages of KRW 12,560,000 for the remaining 24 workers, other than the Plaintiff (i.e., KRW 10,960,000 - KRW 8,400,000,00 to the Defendant for direct payment of the Plaintiff’s wages (i.e., KRW 10,09,000 - KRW 8,40,000). However, the Plaintiff asserted that the unpaid wages are KRW 7,560,00 in the instant lawsuit.).

C Company B, the president of the C Company, filed a lawsuit against the Defendant seeking payment of increased additional construction cost (Ulsan District Court 2014Da14961) as the instant construction contract was changed from the unit price contract to the actual cost settlement contract, and the Defendant filed a counterclaim against B, claiming compensation for damages incurred by the Defendant due to the error and delay in work of C Company C (Ulsan District Court 2014Gadan25510).

On January 6, 2015, the above court dismissed the Defendant’s counterclaim on the grounds that it is difficult to recognize that the instant construction contract was changed from unit price contract to the actual cost settlement contract, and rendered a judgment dismissing the Defendant’s counterclaim on the grounds that it is difficult to deem that the damage was incurred to the Defendant due to the error of the C Company.

B and the defendant did not appeal both, and the above judgment became final and conclusive on January 24, 2015.

E. From January 13, 2014 to April 22, 2014, the Plaintiff served as the managing director of the C Company.