1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The Plaintiff recruited workers and dispatched human resources to the construction site, and the Defendant was working as the head of the site office of the Samd Co., Ltd. Co., Ltd. (hereinafter “Trid Co., Ltd”) (hereinafter “instant construction”).

B. The Plaintiff dispatched human resources to the construction site of this case between around 2010 and June 2011.

[Ground of recognition] Unsatisfy, Gap evidence 5 (including provisional number), Eul evidence 1, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion ① supplied the human resources of this case at the construction site upon the defendant's request, and the adjusted wage of KRW 12,745,000,000 was not paid.

② The Plaintiff entered into a contract with the Defendant, and even if not, the Defendant agreed to pay 4.27 billion won of the unpaid wage, or agreed that the Defendant would receive the unpaid wage from the training company at the time of the initial request for manpower supply. Therefore, the Defendant is liable to pay the unpaid wage to the Plaintiff.

B. The Defendant’s assertion is not a party to the human resources supply contract for the construction site of this case concluded by the Plaintiff, nor did the Plaintiff agree to pay the unpaid wage to the Plaintiff.

C. We examine whether the party to the human resources supply contract for the construction site of this case entered into by the Plaintiff, and even if the Defendant requested the Plaintiff to supply human resources, the evidence submitted by the Plaintiff alone is insufficient to recognize that the Defendant is a party to the human resources supply contract, and there is no other evidence to acknowledge this otherwise.

Rather, even if the defendant or the exchange company's subscription and the plaintiff's consent enter into a human resources supply contract, the defendant shall make an offer on behalf of the third party in consideration of the fact that the defendant is an employee of the exchange company as seen earlier.