1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Facts of recognition;

A. C Co., Ltd. (Co. in the first instance trial) subcontracted to E (F) who is a non-licensed constructor at around March 2017, and subcontracted to E (F) the instant construction work for the construction of 4 new housing units located in D in both weeks (hereinafter “instant construction”); and E re-subcontracted two of them to the Defendant.

B. The Plaintiff was employed by the Defendant and worked as a worker at the construction site of this case.

[Ground of recognition] Facts without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion provided labor for 20 days at the instant construction site from February 21, 2017 to April 24, 2017, and the Plaintiff was not paid a total of 2.6 million won per day (=130,000 won per day x 20 days).

B. The Defendant’s assertion is that the Plaintiff merely worked for ten days from April 1, 2017 with a daily amount of KRW 100,000,000 per day, and the Defendant was not paid the amount promised by E, and thus, the Plaintiff’s claim cannot be complied with.

3. Determination

A. Comprehensively taking account of the following facts and circumstances acknowledged in Gap evidence No. 1’s statement added to the purport of the entire pleadings, the plaintiff may recognize the fact that the defendant provided labor for a total of 20 days by designating 130,000 won per day at the construction site of this case, which was performed by the defendant under sewage treatment, and the descriptions of Eul evidence Nos. 2 and 3 do not interfere with the above recognition.

1) The Plaintiff provided labor as KRW 130,00 per day from February 21, 2017 to April 24, 2017 at the instant construction site, but filed a petition against the Defendant on the ground that the Plaintiff did not receive a total of KRW 2,60,000 per day for 20 days. (2) The Defendant was present and state on February 20, 2018 at the Seoul Southern District of the Seoul District of the Korea Employment and Labor Agency for the said petition case and stated “the working period from February 21, 2017 to April 24, 2017”, “the working period from February 21, 2017; “the portion from March 2, 2017”; and “the portion from March 24, 2017”; and “the portion from April 4, 2017.”