1. The Defendant (Counterclaim Plaintiff) paid KRW 39,475,836 to the Plaintiff (Counterclaim Defendant) and its related amount from March 3, 2015 to May 31, 2016.

1. Basic facts

A. The defendant is a company that operates industrial machinery and steel structure manufacturing business.

B. On September 2014, the Defendant was selected as a subcontractor for new machinery (hereinafter “new machinery”) and was awarded a contract for the manufacture of vessel structures from the said company.

C. From October 2014 to December 9, 2014, the Plaintiff served as the head of the Defendant’s work site, and Nonparty C as the head of the Defendant’s on-site site.

[Ground of recognition] Unsatisfy, Gap evidence No. 13, the purport of the whole pleadings

2. Determination

A. 1) The Defendant was selected as a subcontractor for a new machine via the introduction of C. The Defendant entered into a labor supply contract with the effect that the Plaintiff will pay the Plaintiff the amount calculated as KRW 135,000 per worker per day. Nevertheless, the Defendant did not pay the Plaintiff the amount of labor that was agreed upon and paid directly to workers. Therefore, the Defendant should pay the Plaintiff the amount calculated from November 1, 2014 to December 9, 2014, calculated at the rate of KRW 135,000 per day from the amount that the Defendant would have deducted the amount that the Defendant would have paid to the Plaintiff from the amount that the Defendant would have agreed to pay to the Plaintiff, and the cost of consumption, etc. that the Defendant would have agreed to pay to the Plaintiff. In addition, the Defendant guaranteed the period of labor supply contract with the Defendant for at least three months, incurred damages due to the termination of the contract by the Defendant, and thus, maintained the labor supply contract with the Plaintiff by December 27, 2014.