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 is a person who runs a construction business under the trade name of "C", and the defendant is a contractor of a new Ecom Association in Daegu-gun D.

B. On October 23, 2013, the Defendant entered into a subcontract with Nonparty F (hereinafter “Nonindicted Company”) for the structural construction among the construction works of the said Edial Association (hereinafter “instant Edial Construction”).

[Ground of recognition] Facts without dispute, Gap evidence 10, Eul evidence 12 and the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion 1) Chapter 1 of Chapter 1 asserts that the Defendant’s technical director G and the Defendant’s technical director who represented or represented by the Defendant entered into a contract on the field management and supervision of the instant framework construction with the effect that “the Defendant shall pay the Plaintiff’s wages and expenses.” Accordingly, the Plaintiff was obligated to pay the Plaintiff the amount stated in the purport of the claim since it performed the above business from November 2013 to December 12. 201. 2) Chapter 2 of Chapter 1 argues that the Defendant did not enter into a contract on the field management and supervision of the instant framework construction with the Plaintiff. However, even if the Defendant did not enter into a subcontract with the Plaintiff, the Defendant entered into a subcontract with the Nonparty Company, and the Plaintiff entered into a “labor contract” with the Nonparty Company’s agent G, and the Defendant is obligated to pay the Plaintiff’s wages paid to the workers on behalf of the Defendant pursuant to Article 44-2

B. In full view of the following circumstances acknowledged by each evidence evidence Nos. 1, 8, 9, 11, and evidence Nos. 1, 2, 3, 4, 7, 8, and 13 as to Chapter 1, it is difficult to recognize that G, as a defendant’s technical director, entered into a contract with the Plaintiff on the field management and supervision of the instant framework project on behalf of the Defendant, as the representative or representative of the Defendant.

① This is between the Plaintiff and the Defendant.