1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

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

1. Summary of the parties' assertion

A. From January 1, 2013 to December 29, 2014, the Plaintiff, who is engaged in human resources supply business under the name of “B”, supplied human resources necessary for the said new construction work to the Defendant at the Defendant’s request from the head of the field group C at the scene of the instant construction work at Ulsan District Court (hereinafter “instant construction work”). The Defendant placed the human resources supplied from the Plaintiff on the part of the Defendant directly operated the Defendant and the 14 sub-contractors for the said new construction work.

In addition, the defendant's employees D, at that time, made oral arrangements to the plaintiff that the defendant's subordinate companies would settle the labor cost for the human resources invested in the work.

Therefore, the Plaintiff and the Defendant concluded a contract on the supply of human resources necessary for the Defendant’s subcontractor’s work during the instant construction (hereinafter “instant human resources supply contract”) with the Defendant, and even if the said contract was not concluded, the Defendant agreed to pay the Plaintiff labor cost directly to the said subcontractor’s work (hereinafter “instant direct payment agreement”). The Defendant is liable for the Plaintiff to pay the Plaintiff the remainder of labor cost for the human resources supplied for the construction works of five subcontractor (E, F, G, H, and I) among the subcontractor’s subcontractors.

B. Defendant (1) The Plaintiff and the Defendant agreed to provide the Plaintiff with human resources for the direct management of the Defendant during the instant construction work and to pay the Plaintiff labor cost, and did not conclude the instant human resources supply contract. The Plaintiff’s claim based on the premise that the said human resources supply contract was concluded cannot be complied with.

(2) Even if the instant human resources supply contract was concluded between the Plaintiff and the Defendant, the Defendant’s obligation to pay labor costs to the Plaintiff is exempted from the Defendant’s subordinate companies.