Among the judgment of the first instance, the part against the defendant exceeding the amount ordered to be paid under the order shall be revoked.

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings as to the entries in the evidence Nos. 1 and 9, and the evidence No. 1 alone lacks to reverse the recognition, and there is no counter-proof otherwise.

On May 18, 2018, the Defendant was awarded a subcontract for the Suwon-si E Construction Project (hereinafter “instant construction”) from Nonparty C, which was ordered by Nonparty D Co., Ltd.

B. On September 20, 2018, the Defendant subcontracted Nonparty F’s instant construction work to Nonparty F, a personal constructor who has not registered the construction business.

C. The Plaintiff was employed by Nonparty F for seven days during the period from November 5, 2018 to November 23, 2018, and provided work at the construction site of this case.

Nonparty F did not pay 1,400,000 won to the Plaintiff in the construction site of this case.

2. Where a construction business is contracted under Article 2 subparagraph 11 of the Framework Act on the Construction Industry on two or more occasions in accordance with Article 44-2 (1) of the Labor Standards Act and a subcontractor who is not a construction business operator under subparagraph 7 of Article 2 of the same Act fails to pay wages to his/her workers, the immediate upper tier contractor shall be jointly and severally liable to pay wages to workers employed by the subcontractor

According to the above facts, the non-party F is a construction business operator who has not registered and is not a construction business operator under Article 2 subparagraph 7 of the Framework Act on the Construction Industry, and the defendant falls under the non-party F's direct contractor at least two times, and the defendant is obligated to pay to the plaintiff 1,40,000 won unpaid wages pursuant to Article 44-2 (1) of the Labor Standards Act and damages for delay calculated at the rate of 20% per annum from December 8, 2018 to the date of full payment after 14 days from the date of retirement of the plaintiff pursuant to Article 37 (1) of the Labor Standards Act.