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. The parties' assertion

A. From May 30, 2014 to June 3, 2014, the Plaintiff asserted that the Plaintiff performed the construction works for the design of the diesel convalescent hospital in the 146 3 and the 4th floor of the 146 Jinyang-gu University operated by the Defendant (hereinafter “instant hospital”). However, the Plaintiff was not paid the construction cost of KRW 3.4 million by the Defendant.

Therefore, the defendant is obligated to pay the above 3.4 million won and damages for delay to the plaintiff.

B. The defendant's assertion that he did not accept the plaintiff's claim since he did not have concluded a contract for the execution of the Doing Corporation with the plaintiff only after he left the above hospital Doing Corporation Doing Corporation.

2. In full view of the purport of the evidence No. 1 and the argument, the court below concluded the case that "B shall not be regarded as a worker in a subordinate relationship with the defendant because it was the fact that Eul filed a petition for wage payment with the defendant with the Busan Regional Employment and Labor Office, but the above Busan Regional Employment and Labor Office entered into a contract with the defendant during the representative of D in Ulsan Nam-gu, and the defendant entered into a contract with the defendant for construction completion and supervision of the diesel long-term care hospital in the construction site." On May 15, 2014, the court below concluded the case with the purport that "B shall not be regarded as a worker in a subordinate relationship with the defendant because it is the fact that the defendant entered into the contract with the defendant for the construction of the hospital of this case, including the Doar Corporation, and the defendant submitted a written estimate on the termination of the hospital of this case on May 15, 2014. According to the above facts, it is reasonable to deem that the defendant entered into a contract for the construction of the hospital of this case, including B and Doar Corporation.

Therefore, the plaintiff's assertion is without merit.

3. Thus, the plaintiff's claim of this case shall be dismissed as it is without merit, and the judgment of the court of first instance is just.