1. The part against the defendant in the judgment of the first instance is revoked.

2. The plaintiff's claim against the defendant is dismissed.

3...

1. The parties' assertion

A. The Plaintiff, at the construction site of Ulsan-gu D and Dong businesses, continued to perform the construction project for the direction and supervision of the Defendant, while receiving KRW 200,000 per day from the Defendant, the Plaintiff provided labor under the Defendant’s direction and supervision from December 16, 2016 to December 21, 2016.

Therefore, the Defendant, an employer, is obligated to pay the Plaintiff a total of KRW 1.2 million (=200,000 x 6 days).

B. The defendant is employed by the defendant C and worked as a field leader at a construction site, and does not have a relationship with C.

2. It is not sufficient to acknowledge that the defendant had a business relationship with C with the above construction work only by the descriptions of evidence Nos. 1 to 7, and there is no other evidence to prove otherwise.

Rather, comprehensively taking account of the overall purport of the statements and arguments in subparagraph 1, the Defendant is recognized to have received the disposition of non-prosecution on the ground that it is difficult to deem that the Defendant had a business relationship with C in the Ulsan District Prosecutors’ Office on October 31, 2017.

Therefore, the plaintiff's assertion based on the premise that the defendant had a partnership relationship with C is without merit.

3. Thus, the plaintiff's claim against the defendant shall be dismissed as it is without merit. Since the judgment of the court of first instance is unfair with different conclusions, the part against the defendant among the judgment of the court of first instance shall be revoked, and the plaintiff's claim against the defendant shall be dismissed. It is so decided as per Disposition.