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. Facts of recognition;

A. A. Around October 2014, the Defendant contracted D construction works from Macopex Co., Ltd. (hereinafter “instant construction works”), and subcontracted the said construction works to E on November 5, 2014, in the amount of KRW 530 million for construction cost (excluding value-added tax).

B. The Plaintiff, under the trade name of “C”, placed workers in the construction company, etc. and received a certain fee. The Plaintiff, between “B” and “B”, introduced workers who will work at the construction site of this case to provide labor, and made them provide labor. The Plaintiff, first of all, agreed to pay the wages after deducting the commission in the name of the placement fee, and received the above amount of the said wage from the Defendant (hereinafter “instant agreement”).

C. From November 12, 2014 to February 26, 2015, the Plaintiff introduced workers and paid all wages to them. B paid only KRW 15 million to the Plaintiff on January 29, 2015, and on March 10, 2015, the amount to be paid to the Plaintiff under the instant agreement was KRW 14,470,00 on December 14, 2014, KRW 19,710,000 on January 19, 2015, and KRW 10,180,000 on February 2015, and KRW 44,360,00 on February 10, 2015.

[Reasons for Recognition: Facts without dispute, Gap 1 through 4, Eul 6, Eul 1, testimony of witness B of the first instance trial, purport of whole pleadings]

2. Determination as to the cause of action

A. The Plaintiff asserts that the Defendant should pay the unpaid amount in accordance with the instant agreement, since B entered into the instant agreement on behalf of the Defendant on behalf of the Defendant, as it is in the position of the labor manager in the instant construction site.

The testimony of the witness B of the first instance trial alone is the authority of the Defendant to conclude a labor contract related to the instant construction work.