1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Facts of recognition

Around June 2017, the Defendant: (a) had been awarded a contract with C to perform “the instant construction work” (hereinafter “instant construction work”); (b) had subcontracted the instant construction work to F; and (c) did not prepare a subcontract document thereon.

The Plaintiff began to supply human resources necessary for the instant construction from June 15, 2017 upon receiving the Defendant’s request from G resident employees at the site.

He, a F’s employee, used the Defendant’s name to take charge of the field work of the instant construction with the Defendant’s permission, and supplied the Plaintiff with human resources requested by H, etc. by July 3, 2017, without knowledge about the subcontracting contract relationship between the Defendant and F.

The plaintiff was confirmed by G, H and F representatives I on the human resources supplied to the work confirmation certificate.

The defendant agreed to pay the cost of human resources between F and F without including the cost of subcontract, and the defendant actually paid the subcontract price to F but did not pay the cost of human resources supplied.

From June 15, 2017 to July 3, 2017, the price for the human resources supplied to the instant construction is KRW 13,727,750.

[Grounds for recognition] The plaintiff asserts that the plaintiff should pay human resources from the defendant as the plaintiff supplied human resources to the defendant, while the defendant asserts that since the human resources provided by the plaintiff are supplied by the defendant's subcontractor F, F should pay the plaintiff's human resources.

Judgment

The following circumstances revealed in the above facts of recognition, namely, upon the request of the employee of the defendant, the plaintiff started to supply human resources to the defendant, and H of F in charge of the field work of the construction of this case externally serves as the head of the defendant's headquarters.