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. Basic facts

A. Defendant Company is a company established for the manufacturing of steel structure, construction, etc., and was awarded a contract from Nonparty Jincheon Construction Co., Ltd. for “C Facility Corporation” (hereinafter “instant construction”).

B. From August 6, 2015 to August 12, 2015, the Plaintiff provided labor at the instant construction site, and was not paid KRW 900,000 for the said period.

【Ground for recognition” without any dispute, Gap evidence 5, Eul evidence 1, Eul evidence 1, 9, 14, part of Gap evidence 1, and the purport of whole pleadings

2. Determination as to the cause of action

A. The plaintiff's assertion 1) The plaintiff was employed by the defendant company and provided labor at the construction site of this case under the direction and supervision of the non-party D, who received work instructions from the defendant company. Thus, the defendant company is obligated to pay 90,000 won unpaid wages to the plaintiff.

B) Even if the Plaintiff’s employer was deemed D, the instant construction work was contracted on two or more occasions under the Framework Act on the Construction Industry. Since D, a subcontractor, is not a constructor registered under the Framework Act on the Construction Industry, and the Plaintiff, a contractor, was not paid wages incurred in the instant construction work, the Defendant Company, as a contractor, is jointly and severally liable with D, to pay the Plaintiff the unpaid wages of KRW 90,000 and its delay damages. (2) The Defendant’s assertion is an employee employed by D, and the Defendant Company subcontracted the instant construction work to Nonparty F, who is engaged in the construction business under the trade name of “E” (hereinafter “E”), and as E re-subcontracts the instant construction to D, the contractor is not the Defendant Company, and thus, the contractor cannot respond to the Plaintiff’s demand.

B. We examine whether the Plaintiff was employed by the Defendant Company 1, and the evidence submitted by the Plaintiff alone is against the Defendant Company.