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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The court's explanation on this part of the basic facts is the same as that of paragraph 2(a) among the reasons for the judgment of the court of first instance. Thus, this part is cited by the main sentence of Article 420 of the Civil Procedure Act.
2. The parties' assertion
A. The Plaintiff’s assertion asserts that, as the Plaintiff concluded a human resources supply contract (hereinafter “instant contract”) with the Defendant with respect to reinforced concrete construction among the new construction of the building of the Chungcheong Innovation City, the Defendant is obligated to pay the Plaintiff the total amount of wages of KRW 40,295,00, and delay damages therefrom, from April 1, 2013 to July 9, 2013.
B. The defendant's assertion that the defendant supplied human resources to Choyang Development Co., Ltd. (hereinafter "Support Development"), and that the defendant did not agree to pay wages directly to the plaintiff, and that he did not have any obligation to pay wages to the plaintiff since he paid all labor expenses to Choyang Development before receiving a request for direct payment from the plaintiff.
3. Determination
A. Comprehensively taking into account the facts acknowledged as above and the purport of the entire pleadings, the Plaintiff supplied human resources for assistance development before March 5, 2013, but thereafter, it is reasonable to deem that the instant contract was concluded between the Plaintiff and the Defendant by providing human resources to the Defendant upon the Defendant’s request. As such, the Defendant is obligated to pay the unpaid wages and delay damages to the Plaintiff.
1 The Plaintiff did not prepare a separate contract while supplying almost every day human resources for the Defendant or assistance development during the instant construction period.
However, if the defendant C, E, or Choyang Development requests that the plaintiff in charge of the plaintiff's internal name "Is several times of life" as of the day immediately before the telephone, the plaintiff's name is provided.