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. Basic facts

A. The Plaintiff, as employed by the Defendant, provided labor at the site of C Housing Corporation (hereinafter “instant Corporation”) for a period of eight hours a day during the period from March 5, 2015 to April 10, 2015.

B. The Defendant paid each of the Plaintiff KRW 300,000,000 to the Plaintiff on November 21, 2015, and KRW 700,000 on January 23, 2016.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 2, the purport of the whole pleadings

2. The defendant's defense prior to the merits of this case asserted to the effect that the plaintiff's appeal of this case is unlawful, since the plaintiff filed a petition against the defendant on the ground of delayed payment of wages, but withdrawn the above petition and agreed to do so with the defendant.

In full view of the purport of the argument in subparagraph 1, the Plaintiff filed a petition against the Defendant on February 6, 2018 that the Plaintiff did not pay KRW 1.6 million to the Plaintiff on the ground that he/she received KRW 1 million from the Defendant on February 22, 2018, and the Plaintiff withdrawn the petition on the ground that he/she received KRW 1 million from the Plaintiff on February 22, 2018, and can be recognized the facts indicated in the written withdrawal as “the total amount of wages received.” However, it is difficult to deem that the Plaintiff agreed with the Defendant on the action against the Plaintiff solely due to such circumstance.

Therefore, the defendant's defense is without merit.

3. The assertion and judgment

A. As to the amount of the Plaintiff’s daily allowance, the Plaintiff asserts that his daily allowance (10-hour work) is KRW 1.60,000.

The defendant asserts that the daily allowance of the plaintiff is KRW 120,000.

The written evidence Nos. 1 and 2 are insufficient to recognize that the daily amount of the plaintiff is KRW 1.60,000,000. Thus, as recognized by the defendant, the daily amount of the plaintiff is KRW 1.20,000,000.

Therefore, the Plaintiff provided the Defendant with labor equivalent to KRW 1,176,00 (=9.8 x 120,000) in relation to the instant construction work.

B. As to the appropriation of KRW 1 million to the Plaintiff, the Defendant shall execute the instant construction project.