1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The plaintiff asserted that the plaintiff agreed between the defendant and the defendant to pay food expenses, wages, etc. necessary for the construction among the remodeling of the apartment plant facilities in the future following the completion of the construction by the plaintiff, and then completed the construction by providing human resources as stated in the above contract. However, the plaintiff did not receive only 17,540,000 won out of the human resources' wage and food expenses, which were paid under the pretext of the above contract.

Therefore, the defendant is obligated to pay the wages and food expenses of KRW 16,607,00 to the plaintiff.

2. Determination

A. First, the Plaintiff entered into a contract with the Defendant for construction works for remodeling facilities inside the Defendant factory (hereinafter “instant construction works”).

With regard to whether there was an agreement to directly receive the construction cost or not from the Defendant, it is not sufficient to acknowledge it solely on the basis of the descriptions of health account, Gap evidence Nos. 2 (daily wage table for the plaintiff’s preparation), Gap evidence Nos. 3 (Transfer Records), and Gap evidence Nos. 6-1 through 5 (Written Confirmation) and there is no other evidence to acknowledge it.

Therefore, this part of the plaintiff's assertion is without merit without further review.

B. Meanwhile, the Plaintiff asserts that the Defendant had the right to claim the payment of the construction cost directly against the Defendant since the Plaintiff was the contractor of the instant construction project through C. However, even if he argues that the subcontractor’s right to claim the direct payment of the subcontract price against the subcontractor under Article 14(1) of the Fair Transactions in Subcontracting Act or Article 35(2) of the Framework Act on the Construction Industry, each of the documents in subparagraphs 2 and 4 remains with the obligation to pay the Defendant to C. As alleged by the Plaintiff, as to the part of the instant construction project between C and C.