1. The part against the defendant in the judgment of the first instance is revoked.

2. The plaintiff's claim against the defendant is dismissed.

3...

1. Basic facts

A. On December 9, 2015, the Defendant awarded a contract with B for the instant construction work (hereinafter “instant construction work”), and subcontracted construction cost of KRW 799,800,000 (Additional Tax) to Dow on December 9, 2015.

B. The Plaintiff, who is engaged in the human resources supply business, etc. with the trade name of “D”, supplied human resources to the Defendant and Do governor during the instant construction project from December 2, 2015 to June 30, 2016. The sum of monthly labor expenses during the said period is as listed below.

From February 25, 2016 to September 8, 2016, the Defendant paid to the Plaintiff labor cost for the entire labor cost of Defendant’s portion among the following table and the Domin labor cost for April 2016 and May of 2016.

On December 2, 2015, the details of temporary personnel expenses (cost) labor for Defendant 2,200,000 Dog labor for Defendant 16,204,000 on March 16, 2016; 5,500,500,000 on April 21, 2016; 21,210,000 on February 4, 2016; 840,000 on May 14, 2016; 92,000 on March 5, 2016; 200; 6,292,000 on April 6, 200; 200; 6,000 on May 6, 200; 292, 292,000 on June 3, 2016; 14,000 or less evidence Nos. 171, 21 through 7,201.

2. The assertion and judgment

A. The plaintiff supplied the human resources of this case at the construction site of the plaintiff's assertion at the defendant's request. The plaintiff supplied the human resources of this case at his own discretion, and operated them by dividing them into the part of the construction project and the part of the construction project subcontracted by the defendant. The person supplied the human resources supplied at the part of the construction project of this case is not the defendant.

In addition, since the defendant paid part of the personnel expenses for human resources supplied to the part of the Dow Construction, the defendant shall also pay the remainder of the unpaid personnel expenses.

Therefore, the Defendant’s unpaid personnel expenses for the human resources supplied to the Plaintiff for the part of the construction work (in March 2016 of the aforementioned Table), and KRW 16,204,00.