1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

1. Basic facts

A. On July 3, 2014, the Plaintiff (mutual: D) entered into a contract with the Defendant on the terms that the Plaintiff would contract for the construction of the former E-ground Housing (hereinafter “instant construction”) from the Defendant for the construction cost of KRW 207,50,000, and the construction period from July 15, 2014 to November 30, 2014, respectively.

(hereinafter “instant contract”). (b)

The terms and conditions of the contract of this case include “6. Industrial accident insurance premiums and erroneous, excellent, and water supply construction costs shall be borne by the owner.”

C. However, at the time of entering into the instant contract, D, the Plaintiff’s workplace, was closed.

On July 28, 2014, the Plaintiff filed an application for employment insurance and industrial accident insurance with respect to the instant construction, and reported the instant construction directly to the Defendant. D.

around July 2014, the former Korea Workers’ Compensation and Welfare Service branch (hereinafter “Korea Workers’ Compensation and Welfare Service”) notified the Defendant of the payment of the industrial accident insurance premium of KRW 1,439,890, employment insurance premium of KRW 575,200 to October 31, 2014.

On July 30, 2014, the Defendant remitted KRW 2,016,090 to the Plaintiff. On July 31, 2014, the Plaintiff paid KRW 2,015,090 in total to the Korea Workers’ Compensation and Welfare Service.

E. In around 2015, the Defendant informed the Korea Labor Welfare Corporation of the conclusion of the instant contract on the instant construction project.

On September 24, 2015, the Korea Workers' Compensation and Welfare Service returned KRW 2,077,830,000 to the Defendant on the ground that the instant construction project is not directly owned by the Defendant, who is the owner of the building, and thus, the obligor for the payment of industrial accident insurance premiums under the Act on the Collection of Insurance Premiums, etc. for Employment Insurance and Industrial Accident Compensation Insurance (hereinafter referred to as the "Industrial Accident Insurance Premium Collection Act") was not the Defendant, but the Plaintiff

F. Afterward, the Plaintiff is on the instant construction work from Korea Labor Welfare Corporation.