1. The defendant's appeal is dismissed.

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

3. "Order of the court of first instance" in paragraph (1) of the same Article.

1. Facts of recognition;

A. The defendant is a person who has completed business registration with L as the trade name, and M as the husband of the defendant is a person who has worked as a director in L as a director.

B. N was awarded a contract for a female-do O apartment construction work from TroBS Co., Ltd., and among them subcontracted the apartment rooftop waterproof construction work to L, and the Plaintiff and the selector, C, J, F, E, G, H, H, and I completed the rooftop waterproof construction work at the construction site of a dodo-do from August 8, 2013 to October 1, 2013 (hereinafter “the instant waterproof construction”). The selector supplied the paint necessary for the instant waterproof construction.

C. With respect to the waterproof construction of this case, the total amount of wages, etc. which the plaintiff and the designated parties did not receive on the first-served basis of the wages and material prices (units: Won 625,000,000) and unpaid wages, etc. (units) No. 3575,600,000 3625,000 5725,000 6 designated parties J 275,000 725,000 725,000 6 designated parties E 275,000,000 8 13,000,000,000 13,000,000 16,718,000 as listed below:

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 3 (including branch numbers, if any) and the purport of the whole pleadings

2. Determination on the cause of the claim

A. (1) The parties’ assertion (1) that the instant waterproof construction was subcontracted by the Plaintiff and the designated parties and actually performed the instant waterproof construction work from N is the Defendant (L). The Plaintiff and the designated parties employed in the L side to perform the construction work or supplied materials to the construction site at L’s request. As such, the Defendant is obligated to pay the Plaintiff and the designated parties unpaid wages, material costs, etc.

(2) Although the Defendant alleged that the Defendant was awarded a subcontract for the instant waterproof construction from N, the Defendant, upon the Plaintiff’s request, agreed to directly perform the instant waterproof construction upon the Plaintiff’s request while failing to perform the actual construction, went out of the contractual relationship with N, and thus, the Plaintiff and the Appointor.