Of the judgment of the first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked, and

1. The parties' assertion

A. Since the plaintiffs provided labor to the defendant, the defendant is obligated to pay the wages stated in the purport of the claim to the plaintiffs.

B. The Defendant did not conclude a labor contract with the Plaintiffs, and only subcontracted the construction work to the Plaintiff A.

Even if having entered into an employment contract,

There is no wage payable even if there is no wage.

2. Facts of recognition;

A. H, an executive director of the Defendant Company, managed the field of apartment painting work, and agreed to pay the Plaintiff A and C KRW 160,000 per day to the Plaintiff, and KRW 130,00 per day to the Plaintiff B, D, and E to receive labor.

B. Plaintiff A provided labor to the Defendant from September 26, 2016 to March 10, 2017; Plaintiff B from September 26, 2016 to January 6, 2017; Plaintiff C from October 4, 2016 to January 12, 2017; Plaintiff D from October 12, 2016 to March 10, 2017; and Plaintiff E from October 25, 2016 to March 10, 2017 to January 19, 2017.

The above H, while managing the Plaintiffs’ day, drafted a monthly payment statement of daily labor cost from September 26, 2016 to January 31, 2017, and sent e-mail to J, an employee of the Defendant Company, by e-mail (Evidence A No. 17) on March 24, 2017. The Defendant paid money corresponding to the day worked to the Plaintiffs, and the Defendant paid the amount of royalties, food expenses, etc.

(c)

On March 15, 2018, the defendant's actual operator and manager I believed that "I is recognized as an employer, but it is believed that the full amount of wages was paid."

There is room to see that there is no other perception that the unpaid wage has been paid but did not pay it.

There was no evidence to prove that there was no evidence to prove that there was a disposition that there was no suspicion.

(d)

When it was difficult for the Defendant to seek a daily worker due to the payment of wages to the Plaintiffs, the Defendant paid Plaintiff A KRW 5,00,000,000 on April 16, 2018 with L/C arbitration of K Co., Ltd. and KRW 5,00,000 on April 20, 2018.

Plaintiff

A 4. Each of the plaintiffs B and E around April 21, 2018.