1. The part of the judgment of the court of first instance against the Defendant (Counterclaim Plaintiff) shall be revoked.

2. The above-mentioned cancellation part.

1. Determination as to the cause of the principal claim

A. The court's explanation on this part of the facts of recognition is identical to the reasoning of the judgment of the court of first instance, and thus, it is citing this in accordance with the main sentence of Article 420 of the Civil Procedure Act.

B. According to the above facts of recognition, the Defendant is obligated to pay the Plaintiff the amount of KRW 49.27 million (=273 million - 22.73 billion - 3.7 billion - the Plaintiff’s delay damages, barring special circumstances.

2. Judgment on the defendant's assertion

A. The gist of the Defendant’s assertion and the Defendant agreed on the change of the instant contract into an employment contract under which the Plaintiff provided labor to the Defendant on or around June 2013, and thus, cannot respond to the Plaintiff’s claim premised on the existence of the said contract.

B. In full view of the entries and arguments in Gap evidence Nos. 3 through 10-1, 2, 3, Eul evidence Nos. 1-2, 3, Eul evidence Nos. 9-2, 15, 16, Eul evidence Nos. 17, 18-2, 2, 3, and 19-2, and Eul evidence Nos. 17 and 18-19, the defendant filed an application with the office of education of Ulsan Metropolitan City, Busan, the original contractor of the instant construction, for the reason that the defendant should employ the technical personnel of the instant construction for daily use. ② The defendant received daily labor expenses from the above office of education from the above office of education from July 17, 2013 to January 15, 2014 to the above office of education for the purpose of checking the health and welfare expenses of the relevant construction, and paid them to the plaintiff and his/her health insurance premiums to the above office of education.

The aforementioned facts of recognition, evidence No. 9-3, and the purport of the whole pleadings.