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1. The defendant's appeal is all dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. The following facts do not conflict between the parties, or each entry in Gap evidence Nos. 1 and 1 and 2 may be acknowledged by taking into account the whole purport of the pleadings:
The definitions of terms used in this Act by a constructor under the Framework Act on the Construction Industry shall be as follows:
7. The term "constructor" means a person who runs a construction business after making a registration, etc. under this Act or other Acts;
On September 21, 2015, the Defendant entered into a subcontract for construction (hereinafter referred to as the “instant subcontract”) with B, a personal constructor, with respect to the construction work of reinforced concrete (hereinafter referred to as “instant construction”) among the “J construction work” performed by H under the contract with H, 129,000,000 (the added KRW 18,000,000 for the use of the cost of equipment after-sales, etc.). B performed the instant construction work from around that time.
B. While the Plaintiff et al. was employed by B and provided their respective labor at the instant construction site from October 3, 2015 to December 8, 2015, the Plaintiff et al. did not receive wages of KRW 2,816,740, 300, 2,252,933, 2,252,933, 2,064,980, 2,086,123, respectively.
C. B, while performing the instant construction work, requested the Defendant to increase the construction cost of KRW 15,00,000,000, but the Defendant rejected such request, the Defendant submitted a written waiver of the instant construction work to the Defendant on December 12, 2015, and suspended the instant construction work.
2. Determination on the grounds for the claim
A. Article 2 of the Framework Act on the Construction Industry (a contract under which the other party agrees to complete construction works regardless of name, such as a prime contract, subcontract, consignment, etc., and the other party agrees to pay the price for the result of the construction works) is made on two or more occasions in the relevant construction business under the relevant provision.