1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. The Plaintiff is a person operating a human resources office that supplies human resources in the construction site, etc. from the Guro-gu Seoul Metropolitan Government 2 to D, and the Defendant is a corporation that subcontracted the mold work (hereinafter “instant construction”) from G Co., Ltd., a contractor in Gangseo-gu Busan Metropolitan Government E.

B. Nonparty H agreed with the Defendant to receive the amount of KRW 16,00 per square meter (Hbe) as the construction cost, and received human resources from the Human Resources Office (including the wife and thereafter changed to D operated by the Plaintiff) from January 2018 to May 2018, and performed the instant construction work. The said father prepared a written consent of proxy receipt of labor cost with the content that he/she delegated H with the delegation of the substitute receipt of wages.

Of the above parts, J did not prepare a letter of consent on behalf of the defendant and received a direct wage from the defendant.

C. Accordingly, from April 2018 to May 2018, the Defendant paid the Defendant a total of KRW 123,225,630 of the wages of the above workers who performed the instant construction work in accordance with the letter of consent on the acceptance of the above labor cost. H, around the end of May 2018, prepared a statement of accounts that the settlement was completed by receiving the above money to the Defendant while suspending the instant construction work.

[Ground of recognition] Facts without dispute; Eul 1, 3, 5, 10, 11, and 12; the witness H's testimony; the purport of the whole pleadings

2. Determination

A. The Plaintiff asserted that he/she had subcontracted the instant construction from H, and that his/her wages would be directly paid to the Defendant. From March 2018 to May 1, 2018, H supplied human resources at the instant construction site. On May 1, 2018, H paid KRW 45,01,000 on March 1, 2018 to the Plaintiff, and on April 2018 and May 2018, the Plaintiff paid KRW 101,060,000 on behalf of the Plaintiff.

Therefore, the defendant, as a direct contractor under the Labor Standards Act, is jointly and severally liable with H.