1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Facts of recognition;

A. The Plaintiff is a merchant who sells oil in the trade name of “D gas station” in Sju City, and the Defendant is a company conducting an engineering work, etc.

B. On March 9, 2015, the Defendant: (a) contracted the E Corporation (hereinafter “F”) from the Innju City; (b) and (c) contracted the G Corporation from the Korea Rural Community Corporation on December 17, 2015, and (c) performed the said respective construction works at the inn State of Japan.

C. H from August 2015 to December 2015, at the first construction site, from December 2015 to March 2017, H worked as an employee belonging to the Defendant at the second construction site. On January 14, 2016, H presented the name of the Defendant’s technical department belonging to the Plaintiff, and requested the Plaintiff to trade oil on credit.

The Plaintiff confirmed the fact that each of the above construction sites was established at each of the above construction sites in the Spanju City, and responded to the above request, and supplied oil equivalent to the total of KRW 37,026,391 to the employees, etc. of the above construction site from January 2016 to December 2016, and issued a tax invoice once a month to the Defendant.

The Defendant paid KRW 28,519,516 to the Plaintiff as the oil price for the portion supplied from January 2016 to August 2016.

The plaintiff discarded less than 10 won for part of the transaction for the convenience of calculation, and claimed the oil price.

E. On the ground of the delayed payment of wages on December 21, 2017, H had the position of the head of the Defendant’s field office on the ground of the delayed payment of wages, but in fact, the personal business operator I who directly operated the second site of construction work filed a complaint with the Ministry of Labor of the Central Regional Employment and Labor Office of Jung-gu. On August 17, 2018, the Jung-gu District Court rendered a summary order (No. 2018 High Court Decision 8453, supra) of KRW 3 million on the ground that “I is the head of the first site of construction work to which the Defendant belongs, as an individual constructor, was awarded a subcontract from J who is the actual manager of the second construction work, and was performing construction works with five full-time workers, but did not pay wages within 14 days after the cause for payment occurred.”