1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

2...

1. Basic facts

A. H, after employing a carpet D as an employee in the course of operating the Internet carpet (I), operated a self-building construction execution business that helps the owner of a building who intends to construct a building by himself under the name of “E” without registering the construction business as a representative, on the ground that H did not operate a construction business.

The above E is not a form of a company organized, such as a corporation, but a form in which some persons gather and operate as a real representative of H.

B. The Defendant, while constructing a new building on the ground of the Gu Government-si, decided to construct the building by self-construction with H’s help, which became known through the above Internet Cafs.

C. Accordingly, around July 2013, the Defendant drafted a construction work contract for a new construction project (hereinafter referred to as the “instant construction project”) with respect to D of H and the 4th floor on the ground above the ground [50.28 square meters in total floor area (=150.48 square meters in 150.48 square meters in total floor area, 131.57 square meters in 3 stories 131.57 square meters in 136.66 square meters in total floor)] (hereinafter referred to as the “instant building”) (hereinafter referred to as the “instant construction project,” and the said new construction project is referred to as the “instant construction project”). From September 13, 2013 to January 20, 2014, the Defendant drafted a construction work contract for the construction project by a person who is one of the parties from September 2013 to January 20, 2014.

(hereinafter “instant contract”). The main contents are as follows:

Article 1 (Scope of Building Costs and Construction Costs) (1) In the construction of the building in this case, the defendant, the owner of the building, shall delegate all of the construction works to D, and pay 679,800,000 won for the construction cost (3,300,000 won per square, and 206 square meters for the building area).

(2) Various kinds of taxes and public charges, such as design expenses, supervision expenses, employment insurance and industrial accident insurance premiums, deposit money in Korea, urban gas facility contributions, etc. shall be borne by D.

(3) The costs of secondary construction works required following the addition of households after the completion of a building shall be borne by D.

Article 3 (Rights and Obligations) (1) The defendant shall, with the help of D, pay to D monthly wages or the amount corresponding thereto when the above person is proceeding with the construction work.

(2) D shall assist the defendant who lacks architectural knowledge as much as possible.