1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. The following facts may be found either in dispute between the parties or in full view of Gap evidence Nos. 1, 2, 4, 11, evidence No. 30-1 to 3, evidence No. 42-1 to 4, and evidence No. 1 to No. 42, and the purport of Gap evidence No. 1 to No. 4.

The Co., Ltd. is a company that operates a creative production construction business, indoor construction business, etc., and the defendant is the representative of the above Co., Ltd.

B. On September 16, 2014, C Co., Ltd. entered into a construction contract with D, the owner of the building, setting the construction cost of KRW 2550 million for the construction work, and the supply of and demand for the 4 and 5th J (studio) of the in-gu Incheon Metropolitan Government H and 1 lots of land (hereinafter “instant construction project”) from September 18, 2014 to November 27, 2014.

C. On October 6, 2014, C Co., Ltd. entered into a contract for construction with F to the effect that the remainder of the construction works except design and removal works among the instant construction works (hereinafter “instant subcontracted works”) is KRW 200,000 for the construction cost and the construction period from October 2, 2014 to December 8, 2014.

After October 2014, F entered into a contract for construction with G to re-subcontract the construction cost of KRW 120 million and the construction period from October 6, 2014 to December 20, 2014.

E. C Around November 2014, the Plaintiff was faced with the shortage of liquidity, and the Plaintiff filed an application for commencing rehabilitation procedures with the Jung-gu District Court 2014hap511, which was decided to commence rehabilitation procedures on December 29, 2014, and was decided to authorize the rehabilitation plan on July 15, 2015.

F. The instant construction project was completed on March 18, 2015, and D, the owner of the instant construction project, paid the construction cost of KRW 150 million, out of KRW 2550 million to C in the instant construction project plan.

2. Determination

A. The gist of the parties’ assertion is that while the Plaintiff was working as a director of the Co., Ltd. in the instant construction site from October 2014, the Plaintiff served as the field manager of the Co., Ltd. in the instant construction site from October 2014. The Defendant, a representative director of the Co., Ltd., who was a senior patrole, was the company