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

1. On November 30, 2016, the Defendant entered into a contract for construction works with the National Medical Center (hereinafter “the instant construction works”). In fact, on October 2016, the Defendant started the construction works with the Central Medical Center (hereinafter “instant construction works”).

The Defendant’s on-site director (“C”) stated that “A” means that “A person who will settle food costs once in one place,” and the Plaintiff provided the employees working at the above site with meals equivalent to KRW 4,42,00 in total from October 21, 2016 to December 13, 201 of the same year, as indicated in the attached Table.

(A) The Plaintiff asserts that the meal cost to be paid by the Defendant is KRW 4,466,00,00, but it is not sufficient to recognize that the meal cost to be paid by the Defendant exceeds KRW 4,442,00 on the sole basis of the statement in the evidence No. 3, and there is no other evidence to recognize it) / [Grounds for recognition] without dispute, entry in the evidence No. 1 through 6, and the purport of the whole pleadings

2. The plaintiff asserts that C is a defendant's employee and provided meals to the employees at the construction site of this case by using the name of the defendant's on-site director and thus, C is obligated to pay the above meal cost to the plaintiff.

As to this, the defendant asserts that C is not an employee of the defendant, and even if C entered into an agreement with the plaintiff to pay the meal cost, it cannot be performed.

The work of a construction company for the purpose of the construction business can be divided into two parts, namely, the receipt of orders from the corporation and the execution of the corporation. The director of the construction company's site is a person who generally takes charge of the work related to the execution of the corporation at a specific construction site, and thus, the so-called expression manager, i.e., an employee with the business title of the head office or branch office or other similar titles under Article 14 of the Commercial Act, unless there are special circumstances.