1. Of the judgment of the court of first instance, the part against the defendant is modified as follows.

The defendant shall pay to the plaintiff KRW 12,309,650.

1. In the first instance court, the Plaintiff filed a claim against the Defendant for wage and indemnity, and the first instance court’s joint Defendant B (hereinafter “joint Defendant of the first instance court”) for a claim based on the name lender’s liability or a claim for restitution of unjust enrichment. However, the first instance court partially accepted the Plaintiff’s claim against the Defendant, and dismissed the Plaintiff’s claim against the joint Defendant of the first instance court.

The plaintiff appealed only against the defendant, and the scope of this court's trial is limited to the claim against the defendant.

2. Basic facts

A. On December 14, 2013, the Defendant borrowed the name of the co-defendant of the first instance trial, and received a contract from D for the construction work for the construction work for the building site for two parcels, including Jeonnam-do E and two parcels (hereinafter “instant construction work”) at KRW 235,00,000 for construction cost.

B. Upon the Defendant’s request, the Plaintiff worked at the instant construction site from December 18, 2013 to March 14, 2014, and supervised workers, etc., and introduced the employees to work at the instant construction site to the Defendant.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

3. Determination on the claim for wages

A. The Plaintiff’s assertion 1) The Defendant paid the Plaintiff the wages of KRW 300,00 per day which the Plaintiff worked at the site of the instant construction work, and paid the Plaintiff wages of KRW 450,00 in addition to the day on which the said construction work was performed. Upon completion of the instant construction work, the Defendant agreed to separately pay incentives of KRW 30,000 to KRW 40,000 from the profit of the instant construction work. 2) The Plaintiff worked at the site of the instant construction work for 79.5 days and worked for 112,80,000 on the part of the Defendant after completion of the instant construction work, and there was a profit of KRW 112,00 to the Defendant. As such, the Defendant was liable to pay the Plaintiff wages of KRW 25,20,000 [30,000 x 79.5 days] + (30,500 x 300,500,500 and damages for delay.