1. Revocation of a judgment of the first instance;

2. All plaintiffs' claims are dismissed.

3. The plaintiffs' total costs of litigation.

1. The parties' assertion

A. The Plaintiffs, who are employed by the Defendant and retired from office at the site of the new construction of the Gangseo-gu Seoul Metropolitan Government H principal school located in Gangseo-gu, but the Defendant did not pay the Plaintiffs the wages stated in the claim. Therefore, the Defendant is obligated to pay the said respective money and damages for delay under the Labor Standards Act to the Plaintiffs.

B. The Defendant, not the employer who employed the Plaintiffs, was only the team leader of the corporation directly operated by the Defendant I, and was delegated with the authority to manage the work and receive wages from the employees, and rather, the Defendant paid the wages to the employees in advance upon delay of the payment of wages to the employees, and received a partial refund from the Defendant I.

Therefore, the defendant does not have a duty to pay wages to the plaintiffs.

2. Determination

(a) The facts subsequent to the facts of recognition do not conflict between the parties, or may be found as a whole by taking account of the overall purport of the pleadings, as set forth in Gap evidence 1, Eul evidence 1, Eul evidence 1, 3, 5 through 7, 9, 10, 13, and 14 (including each number):

(1) A corporation I contracted the instant construction work of reinforced concrete (hereinafter “instant construction”) among the construction works of Gangseo Industrial Development Co., Ltd., and agreed on April 16, 2012 to subcontract the Defendant with construction cost of KRW 210,420,000 among the instant construction works.

(2) Workers employed at the construction site of the instant case prepared a labor contract stating the employer as the first stock company, and delegated the right to receive wages to the Defendant.

(3) In the first instance trial (Seoul Southern District Court Decision 2013Ma3435, Oct. 1, 2012, 2012) of the criminal procedure against the Defendant in violation of the Labor Standards Act (hereinafter “instant litigation”), the J of the Field Director, Inc. I, a corporation, from the date of October 1, 2012, do the instant construction.