1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. The defendant was awarded a contract with the Korea Highway Corporation for two new construction works, such as C, etc.

B. On May 1, 2016, the Defendant issued a subcontract for reinforced concrete construction works (hereinafter “instant construction”) from May 1, 201 to December 20, 2016 to D (hereinafter “D”) with a limited liability company of KRW 451,00,000 (the contract price is changed to KRW 390,500,000 after the contract price is changed to KRW 390,50,000), and the construction period from May 1, 2016 to December 20, 2016.

C. The Plaintiff entered into a contract with D to supply human resources to the instant construction site and receive labor cost therefrom (hereinafter “instant contract”).

1) D은 2016. 9.경부터 이 사건 계약에 따른 노무비 지급을 지체하였다. 2) 그리하여 원고 측 담당자와 피고의 공무차장(현장차장) E는 2016. 10.경 만나서 D의 원고에 대한 노무비 체불 상황에 대하여 대화를 나눴다.

E. Since then, the Plaintiff supplied human resources to the instant construction site from September 2016 to December 2016, and the labor cost incurred from around September 2016 to December 2016 is KRW 20,200,000.

F. On March 2017, the Defendant paid KRW 10 million (excluding value-added tax) to the Plaintiff by issuing a tax invoice in the name of F, which is the Defendant’s partner company.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 3, purport of the whole pleadings

2. Determination as to the cause of action

A. The gist of the Plaintiff’s assertion was that the Plaintiff, through E, the Deputy Director of the Office of Public Affairs, agreed to pay directly to the Plaintiff the unpaid labor cost, and the labor cost to be incurred in the future, to the Plaintiff by not later than the time. Accordingly, pursuant to the above agreement, the Plaintiff is obligated to pay the unpaid labor cost of KRW 10.2 million (=total labor cost of KRW 20.2 million - already paid KRW 10 million) to the Plaintiff.

B. Determination 1: (a) from September 2016, D delayed the payment of labor costs under the instant contract; (b)