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. The parties' assertion

A. On January 2, 2016, the Plaintiff asserted that the Plaintiff supplied the construction site between B and eight others on January 2, 2016, and the Plaintiff supplied human resources worth KRW 62,120,000 in the aggregate of KRW 37,120,000 in January 22, 2016, KRW 222,220,00 in February of the same year, and KRW 2,780,00 in March of the same year. However, on April 4, 2016, the Plaintiff received KRW 43,162,00 from the Plaintiff’s construction at the construction site and received KRW 18,958,00 in the remainder.

Therefore, the defendant is obligated to pay the plaintiff the unpaid wage of 18,958,000 won and damages for delay.

B. Defendant’s assertion 1) The Plaintiff is not a worker who directly performed the instant labor, but cannot be a party to a claim for labor cost, and there is no fact that the Plaintiff paid wages to the employees. Even if the Plaintiff was delegated by a family worker to receive the claim for the said wage, this is null and void in violation of the principle of direct payment of wages under Article 43(1) of the Labor Standards Act, and thus, the Plaintiff’s claim in this case is without merit. 2) The Plaintiff requested a direct payment of the entire amount of the unpaid wage to SP construction company. Accordingly, the Plaintiff transferred the claim for the wage to KPS construction pursuant to Article 14(1) and (2) of the Fair Transactions in Subcontracting Act (hereinafter “subcontract”), and the Plaintiff’s claim against the Defendant was extinguished, and thus, it cannot be claimed for payment to the Defendant.

3 The plaintiff agreed to the direct payment of the LAS Construction Co., Ltd., and thus the plaintiff transferred the unpaid wage claim against the plaintiff and the defendant to the LAS Construction Co., Ltd., and the defendant's claim against the defendant was extinguished.

2. Determination

A. The Plaintiff is operating a human resources presentation business with the trade name C, and the Plaintiff supplied labor manpower at the Defendant’s request to which the said construction was subcontracted, at the Seoul Dobong-gu Seoul Metropolitan Government Dirre-building site where SP construction was constructed.

2. On January 2, 2016, the Plaintiff and eight others at the construction site.