1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On May 1, 2011, the Plaintiff drafted a written employment contract with the Defendant, a corporation operating a waterproof and landscaping work, painting work, water supply and sewerage work business, etc., the term of the employment contract was from May 1, 201 to April 30, 201, and the monthly salary was KRW 1 million.

B. The Plaintiff paid to the Defendant KRW 3 million on November 10, 201, KRW 10 million on December 12, 201, KRW 10 million on December 30, 201, KRW 10 million on December 30, 201, and KRW 1 million on January 19, 2012, respectively.

C. The term of the labor contract between the Plaintiff and the Defendant was extended from April 30, 2012 to August 31, 2012.

On the other hand, on July 23, 2012, the Defendant: (a) on the construction period from C Apartments to September 25, 2012, the construction period for the waterproof Control Construction Works for underground low-water tanks; and (b) on the construction cost as KRW 169,50,000,000 for the construction cost.

E. After receiving the construction cost from C Apartments, the Defendant paid the Plaintiff the construction cost of KRW 15 million on August 13, 2012, KRW 15 million on August 31, 2012, KRW 15 million on August 31, 2012, KRW 17 million on September 10, 2012, and KRW 3 million on February 4, 2013, respectively.

F. From January 1, 2012 to December 31, 2012, the Defendant issued a statement of employment income payment stating that the Plaintiff paid KRW 8 million as salary and KRW 16,852,446 as salary to the Plaintiff for the period of service from January 1, 2012 to December 31, 2012, and issued a statement of employment income payment stating that the Defendant paid KRW 18 million as business income.

[Grounds for Recognition: Evidence No. 1, Evidence No. 1 to No. 5, each entry of Evidence No. 1 to No. 5, and the purport of whole pleadings]

2. Determination

A. (1) The plaintiff's assertion (A) the defendant employed the plaintiff in order to take charge of the waterproof Construction Work for Multi-family housing underground water reservoir, and the defendant is obligated to pay benefits to the plaintiff in accordance with the labor contract as well as the performance wage for the construction works ordered by the plaintiff. Thus, the defendant is obligated to pay the plaintiff the benefits from May 201 to August 2012, 200 won (one million won x 16 months) and damages for delay.