1. The plaintiff's claim of this case is dismissed.

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

1. Basic facts

A. The Plaintiff is a person who goes with the Plaintiff’s daily workers and provides labor at various construction sites, and the Defendant is a person who operates a construction company with a trade name.

B. D Co., Ltd. (formerly changed to E Co., Ltd.; hereinafter referred to as “D”) is the original contractor of Sung-gun F Co., Ltd. (hereinafter referred to as “instant construction”).

C. From November 21, 2014 to February 17, 2015, the Plaintiff: G, H, I, J, K, and other worker on duty.

L. hereinafter referred to as “instant workers” including the Plaintiff

) At the same time, the instant construction site was worked on January 2015 and February 2, 2015, total of KRW 30,935,000 (hereinafter “paid wage”).

(D) The Plaintiff paid the remainder of the unpaid wage, excluding one’s own wage, by subrogation, to other workers. [Grounds for recognition] The Plaintiff did not dispute the issue, Gap 4 and 5 evidence (which may include numbers), and the purport of the entire pleadings.

2. The parties' assertion

A. The other party who entered into a labor contract in relation to the instant construction work is not D but C (Defendant).

Therefore, the Defendant should pay the Plaintiff the unpaid wages and damages for delay.

B. The Defendant’s alleged workers are not C (Defendant) but D (Defendant).

There is no relationship with the defendant.

Therefore, the defendant cannot respond to the plaintiff's request.

3. Determination

A. There is no dispute over the circumstances that seem consistent with the Plaintiff’s assertion, or according to the respective entries in Gap 1, 2, 6, 9, 10, 13, 16, and Eul 3 evidence (including a serial number), witness M’s testimony, and the overall purport of oral argument, the following several circumstances are acknowledged.

In other words, from November 3, 2014 to November 10, 2014, the Plaintiff is located in the Busan NN Corporation.