1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

1. Basic facts

A. On October 30, 2014, the Dom-type Industrial Co., Ltd. (hereinafter referred to as the “Dom-type Industrial Co., Ltd.”) subcontracted part of the above construction to the Defendant with the wall and ceiling construction (hereinafter referred to as the “instant construction”) after being awarded a contract for the construction of the Dom-type Industrial Co., Ltd. with the Dom-type Industrial Co., Ltd.

B. Around March 2015, the anti-dominated industry notified the Defendant that the subcontract will be terminated on the grounds that the issue of wages payable to workers and the construction does not properly proceed.

C. From December 6, 2014 to March 17, 2015, the Plaintiff had not received wages of KRW 2,480,000 in total, while engaging in interior works at the instant construction site.

[Grounds for recognition] Gap's evidence Nos. 1, 4, and 5, and the purport of the whole pleadings.

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff was employed by the Defendant and engaged in the work of interior works, etc. from December 6, 2014 to March 17, 2015 at the construction site of the instant case. However, the Plaintiff did not receive the total of KRW 2,480,000 during the said period, and thus, the Defendant is liable to pay it.

B. The plaintiff alleged by the defendant is an employee directly employed by the anti-domination industry, and the defendant is not obligated to pay wages.

3. Determination

A. In full view of the purport of each statement in Gap evidence Nos. 1 and 5 (including additional numbers), the defendant's representative director D was prosecuted against the Incheon District Court on March 30, 2016 on the charge of violating the Labor Standards Act that the total amount of wages to 26 workers employed at the construction site of this case including the plaintiff was not paid 68,094,090 won. D was convicted on March 30, 2017 of the total amount of wages to 15,119,090 won for the remaining 10 won except for the remaining 16 workers who submitted a written application for non-guilty punishment by the above court. D appealed appealed on this, but it was appealed on January 25, 2018. The main reason for the above criminal judgment is "the defendant."