1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Basic facts

A. The Plaintiff is a person who is engaged in human resources supply and employment mediation business under the trade name of “C”, and the Defendant is a subcontracted construction company among the Damsung-gun D Construction Co., Ltd. (hereinafter “instant construction”).

B. From January 2016, the Plaintiff supplied human resources to the instant construction site. From the Defendant on March 29, 2016, the Plaintiff received total of KRW 5,533,30 on March 29, 2016, KRW 5,571,488 on March 29, 2016, KRW 10,000 on May 14, 2016, KRW 14,840,640 on June 1, 2016, KRW 26,060 on July 4, 2016, KRW 460,00 on July 25, 2016, KRW 30,962, KRW 730 on July 30, 2016, KRW 10 on July 4, 196, KRW 105, KRW 18,00 on September 4, 2013; and KRW 105,015.

[Ground of recognition] Facts without dispute, Gap evidence 7, Eul evidence 6 (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion 1) The Plaintiff in Chapter 1 is a human resources supply contract for the instant construction site (hereinafter “instant contract”).

(2) The Defendant is obligated to pay the Plaintiff the amount of unpaid service and the amount of damages for delay, even if the instant contract was concluded between the Plaintiff and the Plaintiff, as the Defendant entered into the instant contract on behalf of the Defendant, even if the instant contract was concluded between January 1, 2016 and October 9, 2016, and the human resources were supplied at the instant construction site from July 1, 2016 to October 9, 2016, but did not receive a total of KRW 41,437,950, out of the amount of the service payment from the Defendant from July 1, 2016 to October 9, 2016.

3) Chapter 3, even if the instant contract was concluded between the Plaintiff and E, and at the time, E was not represented by the Defendant, the Defendant leased the name to E, and thus, is jointly and severally liable to pay the amount of the service unpaid to E and the Plaintiff pursuant to Article 24 of the Commercial Act. (B) The Defendant’s judgment on the first claim is against the Plaintiff.