1. Of the part against Defendant B in the judgment of the court of first instance, the following amount exceeds the amount ordered to be paid.

1. Basic facts

A. On April 2017, when the Plaintiff was working as a driver by Defendant B Co., Ltd. (hereinafter “Defendant Company”), the Plaintiff agreed to pay the Plaintiff the remainder of the money obtained by deducting the vehicle installment, insurance premium, oil cost, etc. from the construction cost.

B. From May 5, 2017, the Plaintiff operated the instant vehicle and was in the construction site, etc., in accordance with the said agreement, and was paid by the Defendant Company KRW 25,313,00 in total as freight for the Plaintiff’s operation of the vehicle from other companies (i.e., KRW 8,098,000 for June 10,935,000 for 6,280,000 for 6,000 won).

C. Defendant C is a person who actually operates the Defendant Company, and Defendant D is a person who owns the instant vehicle.

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1, 2 and 3 evidence, the purport of the whole pleadings

2. The assertion;

A. The Plaintiff’s assertion 1) The Plaintiff agreed with all the Defendants to receive the remainder of the money obtained by deducting the installment premium, insurance premium, etc. from the progress payment received by the Defendant Company for a dump truck operation. Under the agreement, from May 5, 2017 to September 3, 2017, the Defendants did not pay the Plaintiff money in accordance with the agreement even after receiving the construction cost. Therefore, the Defendants jointly and severally liable to pay the Plaintiff the remainder of the money that the Plaintiff paid in lieu of the Defendants (i.e., KRW 10,625,100 (= KRW 2,658,900 on June 3, 983,983,100, KRW 3,983,100 on July 1, 100, KRW 120, KRW 200, KRW 2,182, KRW 137,167, KRW 167, etc.).