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1. Revocation of the first instance judgment.
2. The Defendant: (a) KRW 25,962,00 for the Plaintiff and its related costs from February 12, 2019 to May 31, 2019.
Reasons
1. Comprehensively taking account of the purport of the entire arguments in the evidence Nos. 1 through 12 as to the cause of the claim, the Plaintiff’s provision of workers at the Defendant’s construction site between October 1, 2015 and February 2, 2016 to the Defendant’s construction site and the total wage of KRW 48,795,00 was generated, and contrary thereto, the entry of evidence Nos. 2 and 3 (the purport of the wage generated to the Plaintiff is KRW 38,139,00) is not believed to be contrary to the entry of each output certificate included in the evidence No. 9, and the fact that the Defendant paid KRW 22,83,00 out of the above wage to the Plaintiff is the Plaintiff.
Thus, the defendant is obligated to pay to the plaintiff the remaining wage of 25,962,00 won and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from February 12, 2019 to May 31, 2019, and 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.
2. Judgment on the defendant's assertion
A. On December 2015, the Defendant asserts that the Plaintiff would make a direct transaction with C Co., Ltd., the Defendant’s immediate contractor, and that the wage prior to that would have been paid by March 11, 2016, the unpaid wage should be claimed to the said company.
However, there is no evidence to acknowledge the above assertion by the defendant, and rather, according to the statement of evidence No. 4, the defendant submitted a written consent to the defendant's direct payment of KRW 10 million out of the defendant's additional construction cost to D Co., Ltd., a main company of the above C Co., Ltd. on March 31, 2016, which had not raised any objection to the plaintiff at around that time. Thus, the defendant's above assertion is without merit.
B. The defendant asserts that since he paid the E/F wage of KRW 8,580,00,00, the defendant should deduct it. However, the statement of the evidence No. 3 is alone.