1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

1. Facts of recognition;

(a)the Korea Electric Power Corporation shall have an essential technical qualification holder for electrical construction to carry out the construction on behalf of the Korea Electric Power Corporation;

The plaintiff is a company that operates the electrical construction business, and the defendant is the above technical qualification holder.

B. From December 6, 2016 to February 9, 2017, the Defendant, as the Plaintiff’s employee, invested the H Corporation’s site (hereinafter “Seoul”) as an employee, and received KRW 9.4 million total of allowances from the Plaintiff during the said period.

C. On February 25, 2017, the Plaintiff: (a) retired from the Defendant; (b) around that time, the Defendant served at I Co., Ltd. (hereinafter “I”) that is the Plaintiff’s subcontractor; (c) received daily wages and was input into the Plaintiff’s construction site.

From March 1, 2017 to December 15, 2017, the Plaintiff paid health insurance premiums to the Defendant.

Around August 2017, the Defendant was diagnosed with the brain body type, and had expressed his/her intention to resign to I, but was not treated as a resignation, and was performed by F Hospital on September 6, 2017.

E. From September 1, 2017 to November 4, 2017, the Defendant invested the Plaintiff’s D D D construction site, and received KRW 5 million in total from the Plaintiff during the said period.

F. On October 20, 2017, the Defendant received the down payment of KRW 10 million from the Plaintiff and drafted a written performance note to the Plaintiff on October 23, 2017.

The main contents of the performance angle are as follows:

The Defendant: From October 23, 2017, registered the essential technical pocket book with the Plaintiff during the period of blocking the completion of construction (hereinafter referred to as “Naju Construction”) and, at the time of the Plaintiff’s dispatch of the site, the Defendant grants down payment of KRW 10 million to the Plaintiff, subject to the Plaintiff’s participation at the site. The Defendant’s fault attributable to the Defendant, recognizes the failure to register the essential technical pocket book with the Plaintiff during the implementation period, fails to comply with the on-site dispatch instruction, or fails to perform works at the site, and pays twice the down payment to the Plaintiff as a penalty.