1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

1. Basic facts

A. The Plaintiff is a person engaged in a construction subcontract business, construction material leasing business, etc. with the trade name of C, and the Defendant is a company engaged in construction business, etc.

B. On November 28, 2016, the Defendant entered into a contract with the Ulsan-gu Seoul Special Metropolitan City D Construction Co., Ltd. (hereinafter “F”), and entered into a subcontract with the F Co., Ltd. (hereinafter “F”) for the said construction on or around December 7, 2016, and the Plaintiff was re-subcontracted for reinforced concrete construction (hereinafter “instant construction”) from F on or around December 20, 2016.

C. F Around August 6, 2017, the representative director died and suspended construction work; the Defendant terminated the contract for construction work with F; and the instant construction work was conducted directly from August 11, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 3, 4, Eul evidence Nos. 1 and 5, the purport of the whole pleadings

2. The parties' assertion

A. Plaintiff 1) The Defendant, upon the death of the F representative director, continued the instant construction from August 10, 2017 to the direct management from August 10, 2017, and the Plaintiff used materials and expendable goods equivalent to KRW 8,498,200 that the Plaintiff supplied from August 2017 to October 2017. (2) On February 17, 2017, the Defendant agreed to pay the Plaintiff KRW 12.6 million for the cost of repairing the uniforms.

3) From August 10, 2017, the Defendant provided labor to the Plaintiff and the Plaintiff, while performing construction works directly from August 10, 2017, G, H, and I, and the Defendant did not pay wages to the Plaintiff and the employees on August 10, 2017. Moreover, the Defendant agreed to pay the Plaintiff the Plaintiff a direct payment of the cost of construction not paid to the Plaintiff. Accordingly, the Defendant is obliged to pay the Plaintiff KRW 8,498,200 for material cost, KRW 12.6 million for the repair of oil uniforms, KRW 830,00 for the wages of August 10, 2017, KRW 21,928,200 for the total amount of wages of KRW 830,00 for the Plaintiff and the Plaintiff, and delay damages therefrom.

B. The Defendant, from August 11, 2017 to October 20, 2017, proceeds directly from the instant construction to the Plaintiff and the Plaintiff.