1. The plaintiff's claim is dismissed.

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

1. The Plaintiff’s assertion was awarded a contract with C for reinforced concrete construction among D-Housing reconstruction projects, and ordered the Defendant to perform steel reinforced processing and assembly construction (hereinafter “instant construction”).

C, the Plaintiff, and the Defendant agreed to pay the construction cost corresponding to the instant corporation directly to the Defendant, and C paid the construction cost of KRW 57,200,000 directly to the Defendant and the Defendant E account.

However, while the Defendant received the above construction cost directly from C, the Defendant did not pay wages to the father employed by the Defendant for the instant construction work.

The plaintiff bears the defendant's obligation to pay the unpaid wage directly to the defendant's father pursuant to Article 44-2 of the Labor Standards Act, and the total amount of the unpaid wage reaches KRW 200 million.

Therefore, the plaintiff acquires prior right to indemnity against the defendant, and the defendant is obligated to pay KRW 200 million to the plaintiff.

2. Article 44-2(1) of the Labor Standards Act provides that where a construction business has been contracted on two or more occasions, if a subcontractor who is not a construction business operator under subparagraph 7 of Article 2 of the same Act fails to pay wages (limited to wages arising from the relevant construction works) to his/her workers, the immediate upper tier contractor is jointly and severally liable with the subcontractor to pay wages to his/her workers employed by the subcontractor.

In accordance with the above provisions, the Plaintiff may be jointly and severally liable for the payment of wages to the Defendant’s employees, who are the subcontractor who is not the construction contractor as the immediate upper part of the instant construction project.

However, the prior right to indemnity is a right arising from certain facts prescribed by law, and according to Article 442(1) of the Civil Code, the case of a person who becomes a guarantor upon the request of the principal obligor (trustee).