1. The plaintiff (appointed party)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

1. Facts of recognition;

A. On December 20, 2014, the Defendant concluded a contract with C on December 20, 2014 by setting the construction cost per 1 square meter among the Defendant’s new construction works for a factory as KRW 17,000 per square meter.

B. Since then, there were defects, such as distribution oil, etc. in the middle part of the stones constructed by C, and C, from January 2015, performed the road-based maintenance work (hereinafter “instant construction work”) for the repair of the said defects, and the Plaintiff and the designated parties provided human resources at the construction site.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 1 and 2, purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's summary of the plaintiff's assertion and the designated parties concluded a labor supply contract with the defendant, and provided human resources to the defendant pursuant to the above contract. Thus, the defendant is obligated to pay the wages stated in the "amount claimed by the plaintiff" in the attached Table 2 as the employer of the plaintiff and the designated parties.

Even if the Defendant did not directly conclude a labor supply contract with the Plaintiff and the designated parties, the Defendant, as a direct contractor under the Labor Standards Act, is obligated to pay the Plaintiff and the designated parties the wages indicated in the “amount claimed by the Plaintiff” column under Article 44-2(1) of the Labor Standards Act and damages for delay.

B. First, the judgment 1 is insufficient to recognize that the Defendant entered into a direct labor supply contract with the Plaintiff and the designated parties solely on the basis of the statement of evidence No. 2 as to whether the Defendant, who received direct human resources from the Plaintiff and the designated parties, is obligated to pay wages to the Plaintiff and the designated parties, and there is no other evidence to acknowledge otherwise.

Rather, the following circumstances can be acknowledged by comprehensively taking account of the above recognized facts and the overall purport of the statements and arguments in the evidence Nos. 1 through 3, i.e., repair of defects that occurred in the network Stockpiling work for which C was contracted by the Defendant.